VARADARAJA IYENGAR
B. F. Varghese – Appellant
Versus
Joseph Thomas – Respondent
1. This revision is by the plaintiff and arises out of the interlocutory injunction proceedings in the case.
2. The suit was for permanent injunction to restrain the defendant tenant from using plaint item 1 room which had been let to him by the plaintiff as a kitchen and causing nuisance thereby to the tenants of adjoining rooms and further restrain him from using item 2 the verandaha and courtyard which had not been let at all, for stacking firewood or other things and for other reliefs. Pending suit the plaintiff moved for temporary injunction in aid of the permanent injunction relief and after hearing both parties and considering the evidence adduced for the purpose, the Court granted the temporary injunction limited only against the defendant's use of the verandaha and courtyard for storing firewood or other articles. The defendant was at the same time directed to see that no annoyance was caused to the neighbouring tenants from the smoke arising from his use of item 1 as kitchen. This order was passed on 19.1.1956.
3. Subsequently in or about May 1956, the plaintiff removed the door of item 1 leading to the verandaha and blocked up the passage with masonary structur
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