M.L. Singhal, J. - (1.) - This is Civil Revision against the order dated 16.9.1996 of Additional District Judge, Ludhiana whereby he set aside the order dated 12.11.1993 of Sub Judge IInd Class, Jagraon, who had restrained the Gram Panchayat from constructing the drain for discharging sullage water through site shown by letter ABC in the plan attached to the plaint.
(2.) Facts : Jasminder Singh etc. filed suit for permanent injunction restraining the defendant Gram Panchayat of Village Boparai Kalan from constructing drain for discharging the sullage and rainy water through site ABC shown in red in the site plan attached to the plaint situated in the area of village Boparai Kalan. It was alleged in the plaint that Jasminder Singh plaintiff No. 1 is owner of residential house shown in yellow in the said site plan, Gurpreet Singh minor plaintiff is the owner of residential house shown in blue in the said site plan attached. Gurdev Kaur plaintiff No. 3 is the owner of the residential house shown in green in the said site plan. Jeon Singh plaintiff No. 4 is owner of residential house shown in Jamuni in the said site plan. These residential houses about the site ABC. Sullage and rainy water of these houses has been following towards eastern side and then falling into the pond situated on the eastern side shown in blue in the said plan for the last so many years, no body has ever made any obstruction in the flow of the sullage and rainy water of these houses towards the pond Gram Panchayat has never made any obstruction in the flow of sullage and rainy water of these houses towards the eastern side. Defendant Gram Panchayat is proposing to construct drain for discharging the sullage and rainy water of these houses through site ABC towards the western side of the houses of the plaintiffs. There is no out let of water towards the western side of the houses of the plaintiff. On the western side, there is a canal minor, water cannot go beyond as there is canal minor on the western side of the houses of the plaintiffs. Sullage and rainy water of the village will be blooded into the houses of the plaintiffs and emit obnoxious and foul smell. Slope of the site shown red in the plan in from west to east.
(3.) Along with the plaint, plaintiffs made application for the grant of temporary injunction restraining Gram Panchayat from constructing drain through site ABC for the discharge of sullage and rainy water of their houses through site ABC.;