JUDGMENT :

Dr. A.K. RATH, J.

The plaintiffs are the appellants against a confirming judgment.

2. The plaintiffs-appellants instituted the suit for permanent injunction restraining the defendants from raising any construction of new latrine and urinal near the kitchen and to demolish the structures constructed by the side of the kitchen and not to allow dirty water to their bari.

3. The case of the plaintiffs is that they have constructed a house since 1956 over plot no.505 appertaining to khata no.83 in ward no.3 with a fence around it. The defendants purchased a land adjacent to it. They have constructed a house thereon very close to the boundary of the plaintiffs without any drainage facilities and not in accordance with the plan approved by the Municipality, as a result of which, the drain water flows into the bari of the plaintiffs.

4. The defendants entered appearance and filed a written statement denying the assertions made in the plaint. The case of the defendants is that their plan for construction of house building having been sanctioned by the Municipality, they constructed the latrine and bathroom 50 ft. away from the kitchen of the plaintiffs as per approved plan. There is n