CHHOTALAL HIRACHAND Vs. MANILAL GAGALBHAI

JUDGEMENT

(1.) The question is whether the possession of a pankh or eaves for the discharge of water over-hanging the defendant s land is an easement or an occupation of defendant s property.

(2.) Both Courts have held that the right is an easement but that the interference by the defendant turning back the eaves was trifling and could be compensated by payment of Rs. 3.

(3.) The appellant contends that an injunction against interference should have been allowed.