KANWARJEE Vs. RULDU

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court whereby the suit of the plaintiff was partly decreed.

(2.) PLAINTIFF filed a suit for permanent and prohibitory injunction restraining the defendants from interfering into the construction work on roof of the rooms of the plaintiff. As per averments made in the plaint, plaintiff is owner in possession of the shop as detailed in the head note of the plaint. Defendants own a house adjoining the shop of the plaintiff. According to the plaintiff, defendants used to throw dirt on the roof of the plaintiff. The plaintiff tried to dissuade them but in vain. It is the case of the plaintiff that he now wants to make use of the roof but the defendants insist that they would use it as a thoroughfare for which they have no right.

(3.) ON the pleadings of the parties, a number of issues were framed. The dispute between the parties primarily centred around the following issue:-