JUDGMENT

1. This is a Letters Patent Appeal arising out of a suit brought by the zamindar against the defendant Lachman and other members of his family, for the demolition and removal of a channel which has been built by the defendant on the open piece of ground in front of his house. The defendant is a tenant in the village but the site in dispute is a part of the abadi lands and is not included in his tenancy lands. There was a further relief claimed for a perpetual injunction restraining the defendant from interfering with the plaintiff's right, or making any constructions on the land. The defence was that the site was a part of the defendant's sehan, which he had been using and over which he had been tying his cattle, and that he had a right to build upon that land. There was a further plea that the plaintiff was estopped from maintaining the suit and also that the claim was barred by limitation. All the Courts have held that the defendant has no right to build upon this land at all, but the first Court held that the plaintiff was estopped, and that the claim was barred by limitation. The lower Appellate Court, however, came to a contrary conclusion.

2. It held that the defendant