CHIRONJI LAL Vs. KUNJI LAL & OTHERS

JUDGEMENT

(1.) Learned counsel for the appellant is heard on the question of admission. Record of both the Courts below is perused.

(2.) This second appeal under section 100 of C.P.C assails findings of reversal by first appellate court, whereby, judgment and decree passed by the trial court has been partly set aside to the extent of findings arrived at in respect of issue Nos. 1 & 4.

(3.) The factual matrix involved in the instant appeal is that a suit was brought by the plaintiff for declaration of ownership and permanent injunction in respect of house belonging to plaintiff to the extent that plaintiff has right to egress of rain water flowing out of his house from the western side of his house and also for issuing direction to the defendants to remove encroachment alleged to be made by them on the western side, which blocked the flow of rain water in the 5 ft. broad lane.