JUDGMENT :- This is an appeal by the defendant Union of India. Plaintiff filed a suit praying that the defendant be ordered to remove the telegraph line going over the plaintiff's house and also claimed damages in a sum of Rs. 360 against the defendant. Plaintiffs case in brief was that he has a house situate in Nagla Dina Fatehgarh in the district of Farrukhabad. The Telegraph Department wanted to carry telegraph line over the plaintiff's house to which the plaintiff objected. The person in-charge of the operation gave in writing that the line was being carried temporarily and would be removed within fifteen days. The line was not removed in spite of repeated requests and letters. The defendant had no right to carry the telegraph line over the house of the plaintiff and the defendant had a land only 15 or 20 yards away from the house of the plaintiff over which the telegraph line could be carried. As a result of the placement of the telegraph line over the plaintiffs property the plaintiff was unable to make use of his roof or to make constructions over it. Consequently, he was suffering damages at the rate of Rs. 10 per month.

2. In its defence the Union of India pleaded