DIPAN RAI Vs. KAPIL DEO SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for possession of a certain plot No. 40, in the abadi of a village, by the demolition of a wall said to have been newly constructed thereon by the defendants.

(2.) The parties to the suit are co-sharers in the village and the village was partitioned in the year 1893. In the partition the plot No. 40 fell to the plaintiffs share. The plot is adjacent to the outer wall of the defendants house and the defendants claimed that the land belonged to them, and, in any case, it has always been in their exclusive possession, firstly, because water from the eaves of their house had always been discharged over it, and secondly, because the women of defendants household always used the plot as a privy.

(3.) The Court of first instance decreed the plaintiff" suit finding that the parties were parties to the partition proceedings and are bound by the allotment arrived at by the Revenue Court. It is clear from the khasra and from the coloured partition map that the plot No. 40 was allotted to the plaintiffs. Therefore in the opinion of the learned Munsif the defendants were bound by the partition and could not resist the suit.