MOHAKAM SINGH Vs. NIHAL SINGH

JUDGEMENT

(1.) This civil second appeal has been preferred against the judgment and decree dtd. 29/11/2017 passed by the learned Additional District Judge No.4, Bharatpur (hereinafter referred to as "the learned appellate Court") in Civil Regular Appeal No.29/2017 (CIS No.693/2014) whereby, while dismissing the appeal preferred by the appellant/defendant (for brevity "the defendant"), the judgment dtd. 20/3/2010 passed by the learned Civil Judge (Junior Division), Nadbai, District Bharatpur (for short "the learned trial Court") decreeing the Civil Original Suit No.19/2007 filed by the respondent/plaintiff (for brevity "the plaintiff") for mandatory and permanent injunction, has been affirmed.

(2.) The relevant facts in brief are that the plaintiff filed a suit for mandatory and permanent injunction against the defendant stating therein that he is under ownership and possession of a residential house situated in village Nagla Bahua Tehsil Nadbai, a part of his and defendant's ancestral property. It was averred that behind their residential houses, there is a Gali of four and a half feet width through which he has drainage to the public way from his house. Alleging that the defendant has encroached upon a part of the subject Gali obstructing passage of drain water, the decree as aforesaid was prayed for.

(3.) The defendant in his written statement, denying the averments made in the plaint, submitted that the subject Gali was under his exclusive ownership & possession and the plaintiff has no concern or right over it. Dismissal of the suit, therefore, was prayed for.