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1975 Supreme(All) 131

T.S.MISRA
Ranjit Singh – Appellant
Versus
Ram Nath Singh – Respondent


JUDGMENT:.- This appeal by the defendants 1 to 3 arises out of a suit for demolition of a wall and another construction raised by them on a piece of land commonly called Galiyara. The alleged constructions were made in such a way as to block the door of the plaintiffs fixed in their northern boundary wall and also the flow of drain water. The wall in dispute was said to have been constructed just adjacent to the plaintiffs boundary wall and that gave rise to the suit. The plaintiffs alleged that they had a right to egress and ingress through that door which had illegally been blocked by the defendants-appellants. They further alleged that they had a right to flow their drain water over the land in dispute on which the construction in dispute had been raised. The defendants resisted the suit on a variety of grounds. They pleaded, inter alia, that they had made constructions on their own land, that the defendants had not interfered with any easementary rights claimed by the plaintiffs, that the plaintiffs had, in fact, not acquired any easementary right and the suit was not maintainable in the absence of the State of Uttar Pradesh, as a defendant in the case. The trial Court having f








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