B. AKBAR BASHA KHADIRI, J.

This Original Side Appeal has arisen in this way:-

The respondent herein is the owner of the site, who promoted the apartment complex, known as Mowbrays Flats, which consists of twelve flats excluding the ground floor. The respondent herein retained a portion of the ground floor, which he initially let out to a Motorcycle Showroom-cum-Service Centre. Later, the Showroom was vacated and the respondent herein is contemplating to run a restaurant in a portion of the ground floor, for which purpose, he has entered into an agreement with the second defendant in the suit, by name, Samir Singla. Therefore, the appellant herein in his capacity as the President of Mowbrays Flats Association filed the suit in C.S. No. 842 of 1999 to restrain the defendants therein from running the restaurant, since the restaurant would generate nuisance and cause much inconvenience to the inmates of the houses. According to the appellant herein, all type of persons would come to the restaurant, may cause noise and disturbance and they may occupy the common place. It is also contended by the appellant herein as the plaintiff, that the chimney to be constructed may cause ai