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1961 Supreme(Raj) 23

JAGAT NARAYAN
Magniram – Appellant
Versus
Rustam – Respondent


Advocates Appeared:
Mahaveer Chand Bhandari, for Appellants; Mag Raj Bhansali, for Respondent Rustam

JAGAT NARAYAN, J.—This is a second appeal by Magni Ram and Baloo Ram defendants in a suit for demolition of certain constructions and for grant of a permanent injunction which was decreed against them by the Civil Judge Bhilwara. The decree was confirmed on appeal by the District Judge, Bhilwara.

2. Between the houses of the plaintiffs and Magni Ram and Baloo Ram defendants there is a piece of enclosed open land marked ABCD in plan Ex.17. This land is situated to the south of the house of the plaintiffs. Eight Baris marked H to O, 8 Roshandans marked Y I to Y8 and one window marked C of the house of the plaintiffs open towards this land. Further 9 open projecting spouts of the house of the plaintiffs discharge on this land. Three of these spouts are on the first floor and marked P. Q and R. Six of them are on the second floor and are marked S to X, There is an opening EF in the northern wall of the contesting defendants through which they could have access to the land ABCD. It is through this opening EF that the water from the house of the plaintiffs discharging on the land ABCD flows out through the house of the contesting defendants. The contesting defendants started making constr

















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