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1921 Supreme(All) 102

P. C. BANERJI, PIGGOTT, WALSH
Shyam Lal – Appellant
Versus
Musammat Lalli – Respondent


JUDGMENT

P.C. Banerji, J. - In the City of Agra there is a Mohalla called Mohalla Poorabyan, in when there is a platform. To the west of that platform is the house of the defendant and between the house and the platform there was a wall in which, according to the lower Appellate Court, there was a niche which was worshipped by some residents of the Mohalla. The present suit was instituted by two persons residing in that Mohalla, one of whom stated that her father, one Pooran, had made a dedication of the land on which the platform exists to a deity sailed Bhuinya and that the platform had been built on the land and had been need by all the residents of the Mohalla, The other plaintiff, who is a resident of the Mohalla, also made statements to the same effect. Their complaint is that the defendant has set up a door in his wall and has also opened out a portion of the wall which separated his house from the chabutra and has thereby opened a passage over the chabutra. They accordingly instituted the present suit for an injunction restraining the defendant from passing over the chabutra. They also claimed to have the wall alleged to have been pulled down by the defendant re built. The p

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