Hon'ble KOTHARI, J.—The respondent, plaintiff, filed suit against the appellants, defendants for declaration and injunction alleging that Flat No.86/187 on the ground floor in Sector 8, Pratap Nagar Residential Scheme, Jaipur was allotted to him on 29.10.2003. Flat No.86/189 is situated on the first floor of the above plot in which the defendants are residing. Two maps, Annexures-Ka and Kha, show the location and details of the above flats. The defendants lodge complaints against the plaintiff in Rajasthan Housing Board, Municipal Corporation, Jaipur Vidyut Vitran Nigam Ltd. and other departments of the Government regularly without any basis. Rajasthan Housing Board laid underground pipelines for toilets of the flats constructed in HIG Scheme and there is no open drain. The rain water of the flats passes through those underground drains and no resident of the colony has any right to spread dirty water and garbage in the open area. The defendants throw garbage, vegetable peels, plastic bags, bunches of hair, contaminated water, and water that has been used for rinsing clothes, mopping and washing utensils in the open space of Flat No.86/187. The defendants have a pet dog which also

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