JUDGMENT :- This is a plaintiff's second appeal arising out of a suit for injunction.

2. The plaintiff has his house in Mohalla Aliganj in the city of Banda, abutting the land in suit which according to plaintiff is a lane or public thoroughfare. The defendant No. 2, namely, the Municipal Board, Banda made constructions adjoining the eastern wall of the plaintiff's house. Hence, the appellant prayed for the removal of the wall made by the Municipal Board and also for a prohibitory injunction restraining the Board, for making constructions on the 10 feet land towards the last of the plaintiff's house. The suit was dismissed by both courts. The trial court recorded a finding that the plaintiff had failed to establish that there was a lane to the east of his house. This finding was reversed by the lower appellate court which came to the conclusion that the plaintiff had proved the existence of a lane to the east of his house but it agreed with the court of first instance on the point that the plaintiff had not been able to prove any special damage and hence the suit was barred under Section 91 of the Civil Procedure Code. Aggrieved by that decree the plaintiff has come in Second appeal

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