Pandrang Row, J.

1. This is an appeal from the decree of the City Civil Judge, Madras, dated 8th May, 1935, in O.S. No. 768 of 1934, a suit for an injunction restraining the defendant, his servants and agents from beating tom-tom and from producing loud music in his house No. 29, Ramanuja Aiyar Street, Old Washermanpet. The plaintiff is the owner and resident of the adjoining house No. 30. Both the houses are situated in a residential locality and the defendants house was also used purely for residential purposes till 1932 when the down stair portion of it was set apart by the defendant for what he considered to be a charitable purpose, namely, to allow anybody who wanted to use it temporarily for performing marriage ceremonies, pujas, etc., free of rent. The convenience of getting a building for such purposes was apparently appreciated by many people after this charity was established, for the defendants own account shows that in 1933 it was used for these pujas and ceremonies for 93 days and in 1934, the number of days rose to 122 and it would indeed appear chat there is every likelihood of the charity becoming more and more popular and the house being more and more freque