KAN SINGH, J.—This second appeal before me is by the defendant. The subject matter of the litigation is the construction of a shop by the defendant on a Chabutra in the market of Pali.

2. The plaintiff respondent has a shop in the same market. The plaintiffs case in brief was that the construction of the shop over the Chabutra by the defendant has caused discomfort amounting to nuisance to the plaintiff in multifarious ways; firstly it resulted in diminishing the light and air which the plaintiffs shop used to receive when the Chabutra was open; secondly the impugned construction created an obstruction to the flow of foul water in a nearby narrow lane, which would consequently be absorbed in the lane itself and emitting foul smell; thirdly as a result of this construction the foul air caused by urination spoils from dogs or human excreta was prevented from spreading out from the mouth of the the lane as hitherto fore. On the other hand, the direction of the flowing-out foul air from the lane was changed and the same would consequently invade the plaintiffs shop lastly it was averred that on account of the impugned construction the view of the plaintiffs shop was obstructed.

3. The li

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