( 1 ) THESE are four connected second civil appeals. It is not necessary to give in details the facts of the cases because the question that arises is one of law and enumeration of many facts is not required for the decision of the same.

( 2 ) RAM Bharosey who is the respondent in all the four appeals filed two suits in the Court of the munsif, Kheri, for damages against Sardar Teja Singh and the Municipal Board of Kheri, hereinafter referred to as the Board, on the allegation that the Board illegally in the teeth of their own bye-laws and in spite of his protests granted a licence to Sardar Teja Singh to put up a flour mill adjacent to his house with the result that as a consequence of vibrations produced by the mill his house got badly damaged. The necessity of two suits arose because the suit allegations were that damage had been caused to the building of Ram Bharosey during two different periods. Both the suits were tried together. The trial court (the learned Munsif) dismissed both the suits whereupon Ram Bharosey respondent filed appeals in the Court of the learned District Judge, Kheri, Those appeals were allowed by the learned Civil and Sessions Judge, Khe