L BHAGWAN DAS Vs. TOWN MAGISTRATE

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for abatement of a public nuisance. The plaintiff owns a house numbered 151. The defendants Nos. 2 to 4 are the owners of a house numbered 143. Between these houses is a public thoroughfare, the exact width of which is not known. The defendants constructed a chabutra or platform on the public thoroughfare measuring six yards in length and 2 1/2 feet in breadth. The plaintiff complains in paragraph 3 of the plaint that "owing to this improper act on the part of the defendants Nos. 2 to 4, the way has become narrow. The plaintiff's cart cannot be turned round after passing along it. On account of this the plaintiff's right of easement is much jeopardized. The plaintiff has to unload his cart at a distance and to turn it back". No relief has been claimed against Town Area of Gunnore which ranks as defendant No. 1 in the present action.

(2.) There can be no doubt that a portion of the public thoroughfare has been encroached upon by the defendants Nos. 2 to 4. It is remarkable that the Town Area of Gunnore have taken no steps to have the obstruction removed. This case is illustra-tise of the general slackness of local bodies in the proper administration and control of public rights.

(3.) The defendants Nos. 2 to 4 contested the suit on the ground that the platform had been in existence for more than 20 years and that the plaintiff's suit was liable to dismissal because he had not suffered any special damage beyond what he did in common with all other members of the public affected by the nuisance.