In cases where damage caused by a brick kiln is ascertainable and can be compensated with damages, an injunction should not be granted as damages are an adequate remedy.

( 1 ) THIS appeal is directed against the order dated 28/03/1990 passed by Sri M. A. Khan, Civil Judge, Bahraich. The facts which are relevant for this appeal are that the plaintiff-respondents filed a suit for permanent injunction against the appellants of this appeal. In that suit application for temporary injunction under Order 39 Rules 1 and 2 read with S. 151 of the Code of Civil Procedure was also moved by the plaintiff-respondents. According to the plaintiff-respondents they have groves in village Belha Raghav and village Tilakpur. The defendant-appellants are owners of plot No. 5 M in village Belha Raghav and they are making preparations and digging for installation of one brick kiln. They are trying to give fire to the brick kiln. The groves of the plaintiff-respondents are situated at the distance of one kilometer from the alleged brick kiln. If the fire is induced in the brick kiln then on account of the smoke coming out of the chimney the mango crop belonging to the plaintiff respondents will suffer and a lot of damage will be caused to the grove which will adversely affect their income from the grove. They prayed that the defendant-appellants should be stopped from starting their brick kiln.

( 2 ) AGAINST this application objection was filed by the defendant-appellants alleging therein that the plaintiffs 7 to 17 have a brick kiln quite near to the brick kiln of the defendant-appellants and on account of business of the plaintiffs this suit has been filed. The plaintiffs 7 to 17 apprehend that the brick kiln of the defendant-appellants will cause losses to their brick kiln. According to them there is no remedy existing in favour of the plaintiff-respondents as no irreparable injury or damage will be caused to them and therefore no injunction be granted to them.

( 3 ) LEARNED trial court after considering the entire evidence on record which the parties had produced before the court, came to the conclusion that on account of the brick kiln of the defendant-appellants irreparable loss will be caused; hence allowed the application for temporary injunction restraining the defendant-appellants from operating the brick kiln. Aggrieved against this order the defendants have come up in this appeal and have challenged the findings recorded by the trial court.

( 4 ) LEARNED counsel for the parties have been heard. Learned counsel for the defendant-appellants has argued that in the present case the plaintiff-respondents have failed to show that they have got a prima facie case in their favour and that any irreparable loss will be caused to them. According to him if no irreparable loss can be caused to the plaintiff-respondents then no injunction can be granted and at the most they can claim compensation for the damage which might be caused to the grove of the plaintiff-respondents.

( 5 ) IN the light of the settled principles of law it has to be seen as a fact whether the existence of the brick kiln of the defendant-appellants will cause irreparable loss to the plaintiff-respondents for which no compensation will be adequate remedy, meaning thereby that the plaintiff-respondents cannot be compensated in terms of money on account of the damage which may be caused to the plaintiff-respondents. It is the settled principle of law that if damages can be awarded to compensate the loss caused to the party then no injunction should be granted and the damages shall be the adequate relief which can be granted to the plaintiff.

( 6 ) IT will be better first to analyse the case law on the subject on which reliance has been placed by the learned counsel for the parties. (i) Hansaraj v. 2nd Addl. District Judge, Gorakhpur, (1981 All LJ 183 ). This was also a case of damage to the mango crop from the fumes emitting from the chimney of brick kiln. In that case, on the facts of that case, it was held that no injunction can be granted in favour of the plaintiff because damage to the mango crop can be adequately compensated wi