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1988 Supreme(SC) 546

K.JAGANNATHA SHETTY, M.H.KANIA
Anguri – Appellant
Versus
Jiwan Dass – Respondent


Advocates:
B.R.L.Iyengar, LILY ISABLE THOMAS, N.K.AGRAWAL

Judgment

KANIA, J. :- The appellants before us were the defendants and the two respondents were the plaintiffs in the Civil Suits Nos. 294 of 1979 and 421 of 1979 respectively, in the court of the learned Sub-Judge, Palwal. Both these suits raised common questions of fact and law and were decided by a common judgment.

2. We shall refer to the parties by their original descriptions in the suit. There is no controversy about most of the facts relevant for the disposal of this Appeal.

3. The plaintiffs are the owners of two houses adjacent to each other and also to the property of the defendants. The defendants had a structure on their own property. On the roof of that structure they had made three morries (narrow outlets for the outflow of dirty water). These morries opened towards the property of the plaintiff. In an earlier suit, the defendants had obtained an injunction directing the plaintiffs not to block the flow of dirty water from the said three morries. The defendants were, however, permitted to fix up pipe lines of a suitable size at their own costs to receive the said water and carry it to a nali (drain) towards the East of their houses. The plaintiffs complied with the terms









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