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1975 Supreme(All) 235

CHANDRAPRAKASH
Nanak – Appellant
Versus
Basanta – Respondent


Advocates:
N.L. Ganguli, for Appellants; Standing Counsel, for Respondents.

JUDGMENT :- This is a second appeal against the order dated August 28, 1965, of Shri T.N. Saxena, III Additional Civil Judge, Meerut, dismissing the appeal of the appellants after confirming the decree of the trial court.

2. The dispute between the parties related to a nali; a rasta and a pulia detailed in the plaint. The case of the plaintiffs-respondents Nos. 1 to 3 was that they used to irrigate their fields from the nali aforesaid but the defendants without any right had demolished that nali and raised certain constructions over it, with the result that plaintifs, Nos. 1 to 3 were deprived of their right of irrigating their fields. It was also alleged that the rasta in dispute was a common rasta which was enjoyed by the plaintiffs also but the defendants without any right had narrowed that rasta by making constructions over it. It was further alleged that the defendants without any right had demolished the pulia in dispute which had resulted in damage to the plaintiffs. On these allegations the plaintiffs claimed possession over the aforesaid nali and rasta and wanted the defendants to restore the status quo ante. They also wanted restoration of the pulia. They further wanted a















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