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1962 Supreme(All) 86

S.S.DHAVAN
BASAI – Appellant
Versus
HASAN RAZA KHAN – Respondent


Advocates Appeared:
P.M.Verma, V.K.S.Chaudhary

S. S. DHAVAN, J.

( 1 ) THIS is a second appeal by Basai against the decision of the Civil Judge of Basti decreeing the suit of plaintiff-respondents Hasan Raza Khan and others for an injunction requiring him to close a window in his kitchen wall and demolishing his cattle trough and pegs (haudi and khunta) and also close his nabdan. The plaintiffs and the respondent are resident of the same village and neighbours, the defendants house overlooking the plaintiffs sehandarwaza (sort of open courtyard ). The plaintiffs alleged that a pathway ran through the defendants sehan upto the plaintiffs sehandarwaza which enabled them to take bullock-carts to their house; but recently the defendants had made constructions on his sehan encroaching upon this pathway and thereby reducing its width with the result that no bullock-cart could pass. The plaintiffs contended that they had acquired a prescriptive right of passing bullock-carts over this pathway which has been infringed by the raising of the new construction. The plaintiffs also alleged that the defendant had recently shifted his old nabdan to a new place along his own wall which was near the house of the plaintiffs; and the plaintiffs ap











































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