RAJINDER SINGH LITT Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS petition has been filed against the order dated 26.8.1997 passed by the learned Addl. District Judge, Ludhiana. By this order, the learned Addl. District Judge has dismissed the appeal of the petitioner/defendant and has upheld the order dated 8.8.1997 passed by Civil Judge (JD) Jagraon.

(2.) IN the present case, the plaintiff/respondent had filed a suit for permanent injunction restraining the defendant/petitioner from making any obstruction or creating any hindrance in discharging the water from the house of the plaintiff. Alongwith the suit an application under Order 39 Rules 1 and 2 read with Section 151 CPC was filed for interim injunction. The learned trial Court after hearing the learned counsel of the parties, rejected the prayer of the plaintiff with regard to alleged hindrance in discharging the water from the area 15' - 6" which is on the southern portion of the house of the plaintiff. The other prayer of the plaintiff was, however, allowed by the learned trial court and the learned trial court restrained the petitioner/defendant from making any obstruction or hindrance in the ingress/egress to and from the house of the plaintiff on the southern portion of his house. The findings of the learned trial Court were upheld by the learned lower appellate Court.

(3.) MR . Chahal, the learned counsel appearing on behalf of the respondent, however, submits that the plaintiff has made two independent prayers in the suit one of which is with regard to making any obstruction on the part of the defendants. He further submits that as per the report of the local commissioner the area in question was obstructed by freshly constructing wall approximately 3' in height. He further submits that the local commissioner visited the site on 10.7.1997 whereas the interim injunction was granted on 13.6.1997.