GH HASAN Vs. GH ALI

JUDGEMENT

(1.) THIS is a defendants second appeal against a decree passed by the Courts below restraining them by an injunction from making any construction on the land in suit measuring 1 1/2X30.

(2.) THE plaintiffs case was that he had projected his eaves on his own land for a period of more than 12 years and the defendant was going to construct a drawing room with a view to close the eaves opened by the plaintiff - Hence the plaintiff prayed that the defendant be restrained from doing so not belong to the plaintiff at all and therefore he had no right to extend the eaves on the land in question.

(3.) THE trial Court did not give any finding on the question of ownership but held that the plaintiff had obtained a prescriptive right over the disputed land by being in possession of it or by exercising possession over it for a period of more than 12 years. He accordingly decreed the plaintiffs suit. On appeal, the D. J. upheld the decision of the trial Court. Hence this second appeal.