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1963 Supreme(All) 210

SATISHCHANDRA
Ram Sahai – Appellant
Versus
Babu Lal – Respondent


Advocates:
S. N. Verma, for Appellant; Ambika Prasad, for Respondent.

Judgement

JUDGMENT : This is a plaintiff's appeal. It arises out of a suit for injunction and damages. The parties are neighbours residing in adjoining houses. 'There is a piece of land in between the houses of the parties shown as ABCDEF in the plaint map. The plaintiff claims that he is the owner in possession of this land. The defendant has recently demolished the plaintiff's wall A B and has fixed a door therein and intends to use the land aforesaid unlawfully. He prayed for an injunction to restrain the defendant from using this land and to direct him to close the opening made by him at AB Rs. 25/- were claimed as damages.

2. The defendant alleged that he had a right of way over the piece of land in dispute, that the plaintiff attempted to close the opening at AB and thereupon a dispute arose between the parties. The parties by a written agreement referred the dispute on 22-6-1950 to the arbitration of three named persons. The arbitrators inspected the locality, heard evidence and decided the dispute that very day. Their written award was to the effect that the defendant will have a right of way over the land in dispute and that he will have a right to fix a door at AB, it was a





































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