used by making “Kachcha” construction for residential purpose. Subsequently part of the land shown in red colour in the map annexed to the suit was left open. It was submitted that although the un-constructed portion was in the ownership and possession of the plaintiff, in April, 1979, the defendant forcibly raised construction thereon. A complaint made to the concerned Panchayat Samiti was of no avail. The plaintiff further submitted that under the sale deed dated 04.02.1975, it was agreed that drainage water from roof of plaintiff’s construction over the land purchased would fall over the land of defendant and yet the defendant was now obstructing the plaintiff’s right on that count. In the fact stated and rights asserted the plaintiff prayed that defendant be restrained from obstructing the flow of drainage water from roof of plaintiff’s hutment as marked on the map annexed to the plaint as ABCD, the construction by the defendant over the suit land be demolished, his encroachment be directed to be removed and he be restrained by an injunction from interfering with the right, use and enjoyment by the plaintiff’s of his suit
