NARSINGH SAHAI Vs. BHAGWAN SAHAI

JUDGEMENT

(1.) The facts of the case out of which this appeal has arisen are these:

(2.) The parties are neighbours, their houses adjoining. The defendant appellant's house lies north of that of the plaintiff-respondent. In the year 1896 the latter building was the property of a person from whom the plaintiff has subsequently purchased. Both houses then were single-storied buildings. The northern boundary of the southern house was the south wall of the northern house. Between this wall and the actual building of the southern house was an open bit of land, forming a courtyard of the latter. On this bit of land two water-spouts discharged the rain water which fell upon the roof of the defendant's house.

(3.) The plaintiff's vendor wished to extend his building up to the wall of his neighbour and to support the roof of the extension by fixing his beams into the defendant's wall, He appears to have approached his neighbour and they came to an agreement evidenced by the document of 10 March, 1896. The document was not registered. The defendant acquiesced in the request in return for a consideration which was that the water from his spouts should continue to discharge the rain water on the roof of the extension and if in the future he should build a second storey to his house he should also be allowed to discharge the extra water used daily for household purposes in that storey through the two spouts on to the roof of the extension.