( 1 ) THE plaintiff filed a suit for a permanent injunction restraining the defendant from placing any obstruction in the right of passage on the land in dispute and to remove the obstruction on the disputed rasta. The plaintiff alleged that he had been using the said passage continuously for the last 30 years and that the rainwater was also flowing from the disputed piece of land for the last 30 years and that he had been allowed ingress and egress on the land in question for the last 50 years. The plaintiff alleged that in the last week of december 1970, the defendant placed obstructions on the land in question as a result of which his right of passage to his shop was blocked. The flow of rainwater from his shop was also obstructed. The plaintiff requested the defendant to remove the obstructions. Since the defendant failed to remove the obstruction, the plaintiff filed a suit for a permanent injunction. The defendant in his written statement contended that the plaintiff had no right or flow of the water on the land in question nor had any right to use the land as a passage. The defendant had full right to place the obstructions on the land in question.

( 2 ) BE