1. The appellant has filed Second Appeal against the judgment and decree dated 30-12-1996 passed in Civil 1st Appeal by the learned Addl. District Judge, Jammu whereby he was upheld the judgment and decree dated 30-12-1995 passed by the sub-Registrar, Munsiff, Jammu. The Trial court had passed the decree of permanent prohibitory injunction restraining the appellant from installing Tyre-Retreading factory near the house of the respondent by shifting it from its old site in the locality known as Karan Nagar, Jammu.

2. On the pleadings of the parties, the following issues were raised:-

1. Whether the present suit is not maintainable? OPD

2 Whether the suit property is situated in a residential locality and defendant cannot run factory of sole retreading there? OPP

3. Whether the factory of sole retreading causes nuisance. If so, what is its effect? OPP

4. Relief.

3. The trial court decided all these issues against the appellant and in favour of the respondent. These findings were up-held by the First Appellate Court. The following substantial questions of law have been formulated in the memo of appeal:

i. Whether the suit is hit by section 91 of Civil Procedure Code and