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1979 Supreme(All) 13

P.N.GOEL
Jag Narain – Appellant
Versus
Ram Dularay – Respondent


Advocates:
Vibhav Bhushan Upadhyaya, for Appellants; G.P. Bhargava and D.M. Tripathi, for Respondents.

JUDGEMENT :- In this appeal by the plaintiffs only one point is involved and it is this whether the appellants have a right to flow dirty and rainy water of their house situate in No. 402 in village Godhna, Pargana Ghiswa, district Jaunpur towards the well of the respondents close to plot No. 403 at the north-eastern corner of the house of the respondents. The appellants filed suit for injunction on 29-10-1965.

2. On 28-8-1965, the respondent No. 1 filed a complaint against the two appellants and two other persons under Sections 277, 323 and 506 (later part) I.P.C. before the Nyaya Panchayat. On 30-10-1965 a compromise Ex. A-1 was filed by the parties. According to the compromise the appellants agreed not to flow their water towards plot No. 403 and near the well of Ram Dulare respondent.

3. Both the Courts below found that the plaintiffs-appellants have not acquired an easementary right to flow rainy and dirty water of their house towards plot No. 403 while recording this finding both the Courts below also attached importance to the compromise Ex. A-1.

4. The learned counsel for the appellants assailed the concurrent findings of the Courts below mainly on the ground that the compromi



























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