MANEKLAL HARILAL Vs. MANEKLAL GORDHAN

JUDGEMENT

(1.) In this case the plaintiffs brought a suit against the defandants for a declaration that the defendants had no right to admit scavengers into their private khadki land A for cleansing the privy marked in the plan, and also for an injunction restraining them from doing so.

(2.) The learned Subordinate Judge held that the khadki land below the plaintiffs upper storey belonged exclusively to them and defendant No. 1 had only a right of way which did not include a right of admitting Municipal Bhangis into the khadki for cleaning the newly constructed privy of defendant No. 1, and that defendant No. 1 was not entitled to do be on the ground of necessity, and therefore held that the plaintiffs were entitled to the declaration and injunction.

(3.) On appeal, the learned First Class Subordinate Judge confirmed the finding as to the ownership of the khadki, but held that defendant No. 1 had a right to allow Bhangis to cleanse his newly constructed privy, that such right was included in the general right of way, and that defendant No. 1 was entitled to the casement on the ground, of necessity. He, therefore, reversed the decree of the lower Court and dismissed the plaintiffs suit,