SHASHI BALA Vs. KESHAV DUTT

JUDGEMENT

(1.) Since common question of law and facts arise in both these appeals, therefore, the same were taken up together for consideration and are being disposed of by a common judgment.

(2.) The plaintiff/respondent filed a suit being Civil Suit No. 23 of 2011 for permanent injunction on 28.1.2011 and thereafter exactly after one year on 27.1.2012 he filed another suit being Civil Suit No. 14 of 2012 wherein again he sought decree for permanent injunction and both the suits were decreed by the learned trial Court vide judgment and decree dated 1.4.2015 and the appeal filed against the same, was dismissed by the learned first Appellate Court, constraining the defendant/appellant to file the instant appeals.

(3.) Brief facts of the case are that the plaintiff was owner in possession as co-sharer in Abadi Deh suit land and had constructed residential house thereupon. The plaintiff also purchased Abadi Deh land from Mela Ram to be used as personal path (hereinafter referred to as the 'path in dispute') . The plaintiff had installed a gate at point 'A B' as shown in the site plan. It was contended that the defendant had no right, concern or connection with the suit land as the path in dispute was owned and possessed by the plaintiff. It was averred that the old house of the defendant was facing towards the main suit gali and only back wall of the house of the defendant's house was adjoining to the path in dispute. The water of the house of the defendant used to flow towards the front side of the main gali and there was no outlet hole towards the path in dispute. However, recently the defendant had demolished her old house and constructed a new one and extended the lintel towards his house. The defendant had tried to open the window towards the path and residential house of the plaintiff and was trying to construct the back wall on the projection and also open the window towards the house of the plaintiff. She was forcibly threatening to divert the flow of the water towards his house. The defendant refused to admit the claim of the plaintiff, hence the suit.