Judgment

UNTWALIA J.:- There is a locality known as Nani Malekwad in the town of Kalol, District Mehsana, Gujarat. In this locality is a road (lane) running north to south. Bai Fatima, respondent no, 1 in this appeal filed on grant of special leave by the State of Gujarat, is the wife of Allarakha Husseinkhan. He had a younger brother named Gulabkhan Husseinkhan.

The victim of the occurrence is the said Gulabkhan. Both the brothers had their houses adjacent to each other in this lane facing east. The northern one was in occupation of and belonged to the deceased and the southern one was of Allarakha. There are a number of other houses situated around the houses of the two brothers. One such house is of Sardarkhan Muradkhan facing west abutting the road, two houses north of the house of the deceased. Jamiyatkhan is the son of Sardarkhan, father-in-law of the deceased Gulabkhan.

2. In the month of June, 1968 a complaint was made to the Kalol Municipality by persons of the locality including the deceased and some of the prosecution witnesses that Allarakha, husband of respondent no. 1 was discharging dirty water of his house towards East which collects on the road and causes nuisance to