GANESH VENKATESH JOGLEKAR Vs. RAMCHANDRA NARAYAN JOGLEKAR

JUDGEMENT

(1.) The plaintiff brought this suit for a declaration that the ground on which the stable described in the plaint stood belonged exclusively to the plaintiff; that the ground under the drain described in the plaint belonged to the plaintiff; that the plaintiff had a right to remove the drain after giving proper notice to the defendant; and that in case it was found that any part of the ground under the drain was joint, an injunction might be granted against the defendant restraining him from obstructing the plaintiff while doing any work on the ground beyond that point, and for further and other relief.

(2.) The plaintiff and the defendant are the owners of adjoining properties in the City of Poona, and the dispute has arisen with regard to the stable and the drain mentioned in the plaint. There had been a decision by the Enquiry Officer to the effect that the gutter and the stable were common property. The Enquiry Officer had been appointed by Government apparently under Section 131 of the Bombay Land Revenue Code for the purpose of making a survey of lands in the City of Poona. He was invested with all the powers and duties of a Survey Settlement Officer in charge of a survey, for the purposes of the survey of the lands other than those used ordinarily for the purposes of agriculture only, within the site of the City of Poona.

(3.) The trial Judge has decided that the decision of the Enquiry Officer with respect to the stable and the drain in question had no judicial force, and that he was entitled to decide that point in this suit. Accordingly the learned Judge held that the plaintiff was entitled to a declaration and injunction with respect to the stable alone. The rest of his claim was dismissed.