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1968 Supreme(P&H) 40

TEK CHAND
Ram Lal – Appellant
Versus
Mustafabad Oil And Cotton Ginning Factory – Respondent


JudgmentJudgment

Tek Chand, J.

1. This is plaintiffs appeal from the judgment and decree of the Additional District Judge, Ambala, reversing the judgment and decree of the trial Court which had decreed plaintiffs suit. The plaintiff had instituted suit for permanent injunction restraining the defendants from erecting or working flour mill, oil nxpellers. cotton ginning machine or any other power driven machinery in the premises shown as A B C D in the plan annexed to the plaint. The premises are situated in the new grain market within the municipal limits of Jagadhri, Defendants 5 and 6 Municipal Committee, Jagadhri and Market Committee, Jagadhri, are pro forma defendants. The plaintiff alleged that he was the owner of the plot marked C D E F on the plan and the defendants owned the contiguous plot marked A B C D. The plaintiff built a residential house on his plot C D E F and has been living there with his family, son and grandchildren. The contiguous plot of the defendants had been lying vacant for nearly ten years. The defendants 1 to 4 built a house in which they have installed a power driven flour mill, two oil expellers and rice husking machine and they are intending to set up







































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