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1950 Supreme(Pat) 161

SARJOO PRASAD
Joynarain Sarogi – Appellant
Versus
Brojendra Nath Misra – Respondent


Judgment

1. This petn. in revn. has been filed by the pltf. against an order of the learned Munsif of Purulia dated 29-5-1950 in Title Suit No. 47 of 1950.

2. The facts leading to this appln. may be briefly stated as follows :

3. The pltf. instituted the suit in question for a permanent injunction against the principal defts. who are the opposite party here restraining them from causing obstruction to a certain latrine by making constructions so as to prevent the methar from servicing the latrine in question & also for removal of the construction. The pltf.s case is that he purchased a house belonging to one Hamidunnisa on 10-8 1948. He has been making certain construction and has also constructed a latrine by the side of the privy in the house of Hamidunnisa. He alleges that the defts. have their residential house contiguous east of the pltf.s land & building, that the latrine in the pltf.s house used to be serviced through a galli from a very long time & that the defts. commenced constructing a gate & a door over the said galli near the trap-door of the pltf s latrine & thereby the pltf. apprehended that the defts. by such a construction would stop the servicing of the pltf s latr




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