AIR 1927 BOMBAY 363

Bombay High Court

Hon'ble Judge(s): Fawcett, Patkar , JJ

Penal Code (45 of 1860) , S.426— Injunction to remove obstruction to right of way obtained by accused - Injunction not complied with - Accused removing obstruction contrary to provisions of Easements Act, S.36, is guilty of mischief. Where the accused obtained an injunction from the Mamlatdar's Court restraining the complainants from obstructing the way of accused by dams and the complainants did not remove the dams which were obstructing his way, he had the dams removed himself: Held : that he was not justified in taking the law in his own hands and removing the dams, thereby causing damage to the complainants and that the lose caused to the complainants was caused by unlawful means in abating the nuisance contrary to the provisions of S.36 of the Easements Act.