SYED SHAYAK MOHAMMAD Vs. SYED IQBAL AHMAD

JUDGEMENT

(1.) THIS is a revision application by the plaintiffs against an appellate order of the Civil Judge Ajmer, dismissing their appeal against the order of the trial court refusing to grant temporary injunction to them to restrain Iqbal Ahmed from installing a pipe line over a 'chabutari' which they claim to belong to them. The plaintiffs and Iqbal Ahmed, defendant, are owners of a portion of a 'haveli'. The case of Iqbal Ahmed is that the 'chabutari' is a joint property.

(2.) THE appellate court held that prima facie the plaintiffs were the exclusive owners of the 'chabutari'. This finding cannot be challenged in this revision applli-cation. THE appellate court also held that the balance of convenience was in favour of not granting the injunction because the result of granting it would be to deprive Iqbal Ahmed of water. This finding is not based on the material on record. THE inspection note of the learned Civil Judge dated 25. 7. 70 goes to show that a pipe line can be taken by Iqbal Ahmed to his portion of the house through the southern door without trespassing over any part of the immovable property of the plaintiffs. THE pipe line from the southern side would be only 44 paces long whereas the pipe line which Iqbal Ahmed proposes to instal through eastern door would be 64 paces long.