UDAIRAM Vs. LOHRO

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 17 -11 -1980 passed by Civil Judge, Bharatpur (first appellate court) where by he confirmed the judgment and decree passed by the Munsif and Judicial Magistrate, Bayana on 2 -9 -1975.

(2.) BRIEF facts giving -rise to this appeal are that the plaintiff respondents riled the suit with these averments that this Khan house covered with Chhappar is adjacent to the land occupied by the defendant -respondent. This land is situated in the northern side of the plaintiff's aforesaid house. It has been further stated in the plaint that the defendant -appellant had constructed a wall shown in red colour in the site plan (Ex. 1) and thereby obstructed the flow of rain water from his Chhappar towards the land over which the 'Nohra' of the defendant was constructed. The plaintiff -respondent further asserted that the aforesaid right to flow of rainy water from the Chhapar is an old one and thereby he acquired a right of easement over the land possessed and occupied by the defendant appellant. On the basis of aforesaid averments the plaintiff -respondent prayed that whole of the wall shown in red colour in Ex. 1 constructed by the defendant -appellant be demolished and the defendant -appellant be further restrained from obstructing the flow of rainy water from the 'Chhappar.'

(3.) HEARD learned Counsel for the appellant and perused the record. None present of behalf of the defendant -appellant.