KAUSHALAYA DEVI Vs. KAUSHALAYA DEVI

JUDGEMENT

(1.) THE plaintiff is the appellant, who is aggrieved by the judgments and decrees passed by the learned Courts below.

(2.) THE facts, in brief, may be noticed. The plaintiff filed a suit whereby decree was sought that the plaintiff is owner in possession of the house situated over the suit land shown as ABCDEFGHJKA and has right to peaceful, hygienic and pollution free enjoyment of the same. It was averred that the defendants/respondents who had constructed their house on the adjoining land comprising khasra No. 1680 to 1682 and had also encroached upon part of the suit land by extending projection of lintel of their house have also no right to throw the rain water, filthy water and 1 Whether reporters of Local Papers may be allowed to see the Judgment's kitchen water etc. towards the land and house of the plaintiff. It was also averred that the defendants should not raise construction of the septic tank and lavatory just in front of the window of the house of the plaintiff and have no right to cause damage to the house and walls of the plaintiff by digging and excavating or breaking boulders embedded in the land comprising khasra Nos. 1681 and 1682. It was averred that the defendants be restrained from changing the nature of the land until final partition with consequential relief of permanent injunction restraining the defendants from discharging filthy water of their house towards the plaintiff's house comprising in Khasra No. 1678 and restraining the defendants from excavating the boulders adjoining to the suit land as well as from raising construction of the septic tank and in alternate mandatory injunction for directing the restoration of suit land to its original position.

(3.) THE plaintiff filed replication to the written statement filed by the defendants and the averments as contained in the plaint were reasserted and those of the written statement were stated to be wrong.