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1969 Supreme(Pat) 113

S.C.MISRA, U.P.SINGH, S.N.P.SINGH
Sheo Narayan Singh – Appellant
Versus
Ambica Singh – Respondent


Judgment

S.N.P.Singh, J.

1. This second appeal by the plaintiffs arises out of a representative suit filed under Order 1, Rule 8 of the Code of Civil Procedure for declarations that plot No. 110 of village Nanhubigha in the district of Gaya is a public path and the defendants have no right to extend the Pind of an Ahar in plot No. 168 of village Amarwa into plot No. 110 and raise its level to the height of the Pind in plot No. 168 by putting earth and that the defendants have no right to construct a Chahka on plot No. 110 or to change its local features and for permanent injunction restraining the defendants from constructing a Chahka or from changing the local features of plot No. 110 or from interfering with the rights of the plaintiffs in plot No. 110 in any way. The plaintiffs also prayed for a decree directing the defendants to restore plot No. 110 to its original position by removing earth and other encroachments from it. A further relief, namely, a decree for permanent injunction restraining the defendants from storing any water in plot Nos. 111, 112 and 114 of village Nanhubigha and plot Nos. 171 and 172 of village Amarwa and from draining out the excess water of Sarikha Aha






















































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