KESARLAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS is second appeal by the plaintiff in a suit for injunction.

(2.) THE suit, out of which this appeal has arisen, was filed in the Court of Munsif Dausa, on 16th August, 1950, on the allegation that behind the shop of defendants was the open land of the plaintiff on which there was a Chhappar adjacent to the back side of the shop. It was alleged that the defendants had constructed a chobara over the shop, and two spouts had been kept for the flow of water of the roof of the chobara, and this water fell on the Chhappar of the plaintiff causing a nuisance. THEse two spouts were shown as A and B in the plan filed along with the plaint.