MADAN MOHAN Vs. SANDEEP KUMAR & OTHERS

JUDGEMENT

(1.) The plaintiff instituted a suit against the defendants, claiming therein a decree for permanent prohibitory injunction as well as for mandatory injunction. The suit of the plaintiff stood dismissed by the learned trial Court. In an appeal carried therefrom by the plaintiff before the learned First Appellate Court, the latter Court dismissed the appeal, whereupon, it concurred with the verdict recorded by the learned trial Court. In sequel thereto, the plaintiff/appellant herein is driven to institute the instant appeal herebefore.

(2.) Briefly stated the facts of the case are that the plaintiff and his brother have one residential building of land comprised in khasra No. 114/22, measuring 0-6 biswas, in Chak Gehar and the defendants have their residential house over the land comprised in khasra No.113/22, measuring 0-14 biswas, situated in the same Chak. Their buildings are quite adjacent to each other. The plaintiff has his own septic tank over the land of one Ashok and his brother, which has been constructed with the permission of the said persons. The said septic tank is situated below the land and house of the defendants. The defendants have diverted the flow of waste water of their bathroom and kitchen etc,, down towards the septic tank through alkathine pipes. The waste water as such coming out through alkathine pipe is felling from height and with velocity over the septic tank. The same, as such, is causing nuisance and has also caused imminent danger to the septic tank. The defendants were requested to divert the flow of water, but in vain. In the month of July, 2001, on account of aforesaid wrongful acts of the defendants, debris accumulated over the septic tank. The removal of the same is essential for avoiding any endanger to the septic tank. Hence, the suit.

(3.) The defendants contested the suit and filed written statement. In their written statement, the defendants have denied the existence of the septic tank over the land owned by Ashok and his brother. It is also denied that they have diverted the flow of their waste water from bathroom etc., towards septic tank. The distance of khasra No,.151/23 over which septic tank is alleged to be constructed is more than 50 feet from the land of the defendants. The waste water of the defendants fall and accumulate on their own land. With these submissions, they have prayed for dismissal of the suit.