In Brief
A property owner sought a civil suit for a declaration that a public drain existed on the boundary of his property and could be freely used, plus an injunction against the neighbouring property owner blocking it. The High Court rejected the suit as barred by the Guwahati Municipal Corporation Act, 1971, which grants a Commissioner power to regulate drain usage between property owners. The Supreme Court allowed the appeal, holding that such statutory powers do not bar civil jurisdiction over pre-existing common law rights. The suit was maintainable as a declaration of an existing right, not a creation of new statutory rights. The case was remitted for trial on merits.
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