MOOLCHAND Vs. SHYAMDAL

JUDGEMENT

(1.) THIS is the plaintiff's second appeal in a suit for mandatory as well as permanent injunction.

(2.) THE circumstances under which the suit was filed are as follows. THE parties have their houses in the Gali Shanker Gujar, Chowkri Ramchanderji in the city of Jaipur. THE house of the plaintiff Moolchand is shown in yellow colour and marked 'a' on the sketch map Ex. 1 filed in this case. THE house of Jhaboo defendant has been shown in brownish colour and has been marked 'b' and the house of Shyamlal defendant is shown in brown colour and is marked 'd'. On the west of the house of Jhaboo defendant is a lane marked 'x' and on the west of this lane is a house belonging to the temple of barbers. It is shown in red colour and is marked 't', Between Shyamlal's house and the house 't' and the house 'b' there is a gali Y which is marked on the eastern side with letter 'b' and on the western side with letter 'a'. THE plaintiff's case is that the defendants were going to construct a drain on the lane 'x' and on the chowk 'c' shown in the sketch map. He alleged that the chowk 'c' belonged solely to him and the defendants had no right to construct a drain over it or pass water of their houses through it. It was also alleged that the defendants had constructed walls at points 'a' and 'b' of the gali A, B and therefore prevented the flow of the water towards east and west and had demolished a wall LM and had thereby made the water of gali AY to flow through the gali 'x*. Mandatory injunction was, therefore, prayed for the demolition of the walls at A and B and for the construction of the wall at LM and for perpetual injunction restraining the defendants from discharging the water of their houses over the chowk 'c' and also to restrain them from allowing the sweeper of then houses to pass over the said chowk.