SHYAM LAL DEY Vs. MANMATHA NATH SARKAR

JUDGEMENT

(1.) The litigation concerns a narrow strip of land about 3 inches wide, which runs between the backs of the houses of the plaintiff and defendant. There are windows of plaintiff s house overlooking this strip but it does not appear whether any door of his house, which has two road frontages besides, opens on to it.

(2.) The facts either admitted or found are that up to the year 1909 this strip was a drain. In that year the connected latrine system was introduced by the Corporation and from that time the drain began to silt up. In 1913 the defendent paved the strip with bricks, Subsequently he closed it at both ends.

(3.) The plaintiff brought this suit to have the obstruction removed alleging that the drain was a public drain, which had subsequently become a public passage, and asked for a declaration to that effect. In paragraph 7 of his plaint he set out the damage which he had suffered. He begins by asserting that he cannot enter on or pass over the land, and then sets out the special damage that he has been deprived of the only means of repairing the eastern wall of his premises as he is now unable to have scaffolding put on the strip of land for the purpose of repair and as a consequence his house is deteriorating in value.