SOM DUTT Vs. HANS RAJ

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 1.12.2000 passed by the learned District Judge, Hamirpur in Civil Appeal No. 73 of 1993 whereby he set -aside the judgment and decree passed by the learned Sub Judge, Ist Class, Court No. 2, Hamirpur dated 30.1.1993 in Civil suit No. 188 of 1989 and consequently dismissed the suit of the Plaintiff.

(2.) BRIEFLY stated, the facts of the case are that the Plaintiff and Defendant are neighbours. The Plaintiff had constructed a new bath room in his house and the drain of the bathroom was taken out through a channel(drain). The case of the Plaintiff was that the Defendant had blocked the drain/channel and the Plaintiff therefore prayed that a decree for declaration be passed that he is entitled to discharge the water from his house and bathroom into the said channel and decree for mandatory injunction be passed directing the Defendant to remove the obstruction.

(3.) ISSUES were framed and the learned trial Court decreed the suit of the Plaintiff holding that the Plaintiff had succeeded in proving that he had every right to send the water through the channel and passed a decree for injunction restraining the Defendant from blocking the said channel/drain. The Defendant thereafter filed an appeal and the learned lower appellate court allowed the appeal and held that the Defendant had a right to stop the drain and prevent filthy water from coming into his courtyard.