C.M.LODHA, J. - (1.) THIS is a defendants' second appeal.
(2.) THE plaintiff 's case was that the defendantsfhad put up two windows and fixed two 'Chhajjas' over them over -looking his 'Nohara', and further that they had constructed two water spouts, one in the ground -floor and the other in the first floor so as to discharge water from their house through them. It was prayed that the spouts, windows and ventilators be ordered to be closed, and the 'Chhajjas' be ordered to be demolished. The defendants denied the plaintiff's ownership to the 'Nohara' and further pleaded that in any case the spouts and the windows had been constructed with the consent of the plaintiff. The trial court found that the 'Nohara' belongs to the plaintiff and that the 'Chhajjas' on the windows had been recently constructed. As regards the spout on the ground -floor, marked 'A' in the plaint, it was found that this too had been recently constructed. With respect to the other spout on the first floor marked 'H' it was found that, no doubt, there existed previously a spout here when the defendants' house was 'kachcha' but while reconstructing it the defendants had increased the burden by putting the spout at a greater height and had thereby increased the volume and force of water discharged through it. In view of the aforesaid findings the trial court decreed the suit] in part and directed that the 'Chhajjas' be demolished and the spouts be closed.
(3.) AGGRIEVED by the judgment and decree of the trial court the defendants filed appeal and the same was dismissed by the Civil Judge, Jaipur District, Jaipur. Hence this second appeal.;