JAIN, J.—The facts of this case are that inside Sojati Gate, Jodhpur, Tej-dan and Chain Singh had lands in a big Nohara out of which 25-30 plots were carved out and sold by them. On 18-6-1952 the defendant Pannalal since then dead, purchased a plot from the said Tejdan and Chainsingh One of the conditions of the purchase was that Panna Lal shall not open any window, opening; Jali, balcony, Toda, Chhajja, Nali or Nal towards south of the plot so purchased. Another piece of land was purchased by one Champa Lal Darji on 15-6-57. Yet another plot was purchased by plaintiff Abdul Gani on 21-6-57 In between the plots so sold by Tejdan and Chain Singh there is a gali 27 8* in length and 3 in width. Since then it appears that house have been raised on the plots. The plaintiff Abdul Gani complains that the defendant has opened on 30-10-1959 a spout in his house which discharges filthy water and urine in the said gali passing on the Kawali of the latrine of the plaintiff which is also in the said gali. The plaintiff lodged a complaint in the Municipality on 7-11-1959 but no action was taken. On 15-6-1961, the plaintiff purchased the gali from Tejdan and Chain Singh. This gali was kept for th

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