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1958 Supreme(P&H) 135

A.N.GROVER
Ram Rattan – Appellant
Versus
Munna Lal – Respondent


Judgment

A.N.Grover, J.

1. This order will dispose of both the appeals. (Regular Second Appeal No. 1350 of 1957 and Regular Second Appeal No. 135 of 1958).

2. In order to appreciate the points involved in the appeals it is necessary to state the facts shortly. On the 20th June 1954 Munsha Singh sold a house to Ram Rattan. Later on there was some agreement between Munsha Singh and Ram Rattan in August, 1954 which was attested by Dalip Singh, the son of Munsha Singh, according to which Ram-Rattan was allowed to set up power-looms in they house which had been sold to him. Munsha Singh declared that he would have no objection to the working of the power looms by day or at night. After applying for sanction of the Municipal Committee, Ram Rattan set up two power-looms in the house which he had purchased from Munsha Singh. Four days before the sanction was granted a suit was filed by Munna Lal, a neighbour of Ram Rattan, and Dalip Singh, the son of Munsha Singh, for a permanent injunction restraining Ram Rattan-and his brother from working the power-looms which, according to the plantiffs, amounted to a nuisance and from continuing the same and making any further addition to the looms. Th











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