MADHAV SHIVRAM Vs. RAKHAMA BHAUSHET

JUDGEMENT

(1.) The plaintiff sues for the removal of a dam. Whether the dam is on the plaintiffs land, or not, is one of the matters left in doubt in this suit. And it is because of this doubt that it is impossible to allow the judgment of the Assistant Judge to stand.

(2.) The first Court appears to have thought that the dam was on the plaintiff?s land.

(3.) The Assistant Judge considers that the dam was built on the defendants? land and he came to that conclusion on what he took to be an admission in the plaint.