1. This civil second appeal is directed against the judgment and decree dated 31-07-1996 formulated by Learned District Judge. Kathua. By the aforesaid judgment and decree the Learned District Judge set aside the judgment and decree dated 25-07-1994 passed by Munsiff, Hiranagar and dismissed the plaint of the appellant/plaintiff.

Setting in facts of the case appellant / plaintiff commenced a suit for permanent injuntion in claiming to be the owner in possession of the house located in village Harsath Tehsil Hiranagar. constructed by him in the year 1959. asserted that the entire water of the plaintiffs house has been discharging upon the defendants land through points 1,2, and 5 across the western and southern side of the plaintiffs house and also the water from the roof of the plaintiffs house discharging or flowing through a spout from point 6 and also the plaintiff enjoying air and light to his house from the ventilators opening towards the land of the defendant on the western and southern side of his house described explicitly as points 7, 8. 9,10 and 11 in the sketch map prepared by the patwari right from the year 1959 continuously openly, peacefully and uninterruptedly to the

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