JUDGMENT :

A.S. Bopanna, J.

1. The appellant instituted title suit No.334 of 2011 in the Court of learned Munsif No.2, Kamrup Guwahati against the respondent herein seeking for a declaration that on the western boundary of the suit Schedule properties A, B and C there is a common public drain which can be used by the plaintiff. A declaration is also sought to the affect that the public drain on the boundary of the suit Schedule ‘C’ property of the defendant, connected to the plaintiff’s property cannot be obstructed by the defendant at any point of time. As an ancillary relief, the appellant has also sought for permanent injunction against the defendant so as to allow free flow of water in the said drain upto the main GMC drain.

2. The respondent having appeared, disputed the claim put forth by the plaintiff on merits. In addition, the respondent raised the issue of jurisdiction for the civil court to entertain the suit in view of the provisions contained in the Guwahati Municipal Corporation Act, 1971 (‘GMC’ Act for short). In the said suit, since the appellant had also prayed for temporary injunction, on consideration it was granted by the trial court, of course without reference to