ALLAHABAD HIGH COURT
string, J
Ram Sahai v. Babu La
| Table of Content |
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| 1. the initial dispute regarding the use of property led to arbitration. (Para 1 , 2 , 3) |
| 2. the court examined the implications of an unfiled award on the maintainability of the suit. (Para 4 , 5) |
| 3. the court concluded an unfiled award does not extinguish rights, allowing pursuit of original claims. (Para 25 , 26) |
1. 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
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