RAMESH KALIA Vs. MOHAMMAD HAMEED

JUDGEMENT

(1.) The present regular second appeal arises out of judgment and decree dtd. 1/10/2018, as passed by the learned District Judge, Chamba Division, Chamba, H.P., whereby the appeal preferred by the plaintiffs/appellants was dismissed and the judgment and decree as passed by learned Senior Civil Judge, Chamba, District Chamba, H.P. dated 14 th May, 2018 was affirmed.

(2.) Brief facts, of the case are that the plaintiffs/appellants preferred civil suit in the Court of learned Senior Civil Judge, Chamba, for permanent prohibitory injunction.

(3.) The suit was contested by the defendant by raising rt preliminary objections with regard to maintainability, cause of action, locus standi, estoppel etc. On merits, it was stated in the written statement that there exists Khasra No.1954 owned by the defendant. Besides this other khasra No.1955 exists adjoining to the house of the plaintiffs comprised in Khasra Nos.1958, 1959, 1960, 1961, 1962, 1963, 1966, 1969 and 1973. It was stated in the written statement that the plaintiffs have started discharging water from their lintel through pipe over the back wall of the property of the defendant comprised in Khasra No.1954 and 1955 and due to this act of nuisance, the wall of the defendant is deteriorating and decaying day by day and other portion of the property is also being damaged. Further, it was averred that while raising constructions, the plaintiffs have not left any set back towards the land of the defendant of their new construction. The defendant prayed for dismissal of the suit as filed by the plaintiffs.