RATAN LAL Vs. SHRI MANDIR SWEETAMBAR JAIN

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the appellate judgment and decree of the learned Civil Judge, Baran, dated the 7th of May, 1959.

(2.) THE suit out of which this appeal has arisen was filed by Ratanlal plaintiff against Shri Sweetambar Jain Temple Rooms Nos. 1 and 2, situated in Chhabra and its managers Pannalal and Hukamraj on the 14th of August 1951 in the court of the munsiff, Chhipa Board. THE house of the plaintiff lies in the south and a shop of the defendant abuts on the north. According to the plaintiff, there were six windows in the upper three rooms of the northern wing of his house and two of the windows were towards the east of the eastern-most room hereinafter to be referred to as Room No. 4. THEse windows have been shown on the plan (Ex C. 2) prepared by the Munsiff on inspection, by the letters 'c' and 'd', THEre were two windows in the northern wall of Room No. 4, shown by letters 'i' and 'j' on the same plan. In the remaining two rooms, hereinafter to be referred to as Rooms Nos. 5 and 6, there was one window 'k' in Room No. 5 and another window 'l' in Room No. 6, shown in Ex. C. 2. THEre were six moris, shown by letters 'e' 'p', 'q', 'r', 's' and 't' in Ex. C. 2 in the said three rooms. THE plaintiff complained that the defendant had converted their katcha shop into a pucce a one and the ground floor had already been constructed and in constructing the first floor on the eastern side, they had closed the windows 'c and 'd' and the mori 'e' and were proposing to construct towards the north of the rooms Nos. 4, 5 and 6 from which it was apprehended that the windows 'i', 'j', 'k', 'l' and the moris would be closed. According to the plaintiff, he had acquired a right of easement by continuous and uninterrupted user in a peaceful manner for more than 20 years before the suit with respect to these windows and the moris in dispute. THE plaintiff, therefore, prayed that the constructions obstructing the windows 'c and 'd' and the moris 'e' be removed and the defendants be restrained by a permanent injunction from further building anything which might obstruct the windows 'i','j', 'k' and 'l' and the moris, 'p', 'q,', 'r', 's' and 't'

(3.) THE appeal is partly allowed and the decree of the lower courts is modified in that the defendants are restrain by a permanent injunction from obstructing the flow of rain water through the moris 'q' and 'r' from over the defendants' wall towards the plaintiff's house.