Judgement

APPEAL from a decree of the High Court (July 4, 1875), reversing on special appeal the decisions of the Moonsiff and Judge of the Twenty-four Pergunnahs, dated respectively the 24th of July, 1872, and June 28, 1873, which dismissed the Respondents suit.

The facts of the case are stated in the judgment of their Lordships. The question was as to the right of the Respondent to have a certain portion of a retaining wall built by the Appellant on the side of a khal, or tidal drain, which separates their respective lands, pulled down and removed, on the ground that it encroached on the khal in question, and might cause danger to the Respondents premises.

The two first Courts held in effect that, though there appeared to have been some encroachment at one point on the channel of the khal, by the retaining wall in question, which did not exactly follow the course of the old retaining wall that had fallen down, but in one place advanced beyond that wall, and in another did not go so far as the latter had done into the bed of the khal, yet that the Plaintiff had failed to shew that any damage necessarily resulted to his property from such deviations.

The High Court in their first j