N.C. SHARMA, J.—-Suraj Kanwar plaintiff-respondent and her son instituted civil original suit No. 540/1964 on Nov., 10, 1964 in the court of Munsif (East), Jaipur City against Damodarlal & Municipal Council, Jaipur. The houses of plaintiff Suraj Kanwar and defendant No. 1 Damodarlal are situated in the southern line of Gopalji-Ka-Rasta facing towards north. In between them there is a gali 5ft. 3 inches wide (East-west). This gali was alleged by the plaintiff Suraj Kanwar to be public street and she claimed her right of access to and from the gali. The Municipal Council, Jaipur was defendant No.2 in the suit. It was alleged that the defendant No. 1 has prevented the plaintiff from repairing her house of going into the gali and he had constructed a chabutra and gate for obstructing ingress and gress of the plaintiff to and from this gali. The plaintiff, therefore, claimed for a declaration that she had the right to pass and re-pass through the gali and to use it. She also prayed for a decree of mandatory injunction for the demolition of the chabutri and the gate. It was further prayed that two spouts in the third storey of the house of the defendant No. 1 may also be got closed and a

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