B. UPADHYA, J.

( 1 ) THIS is a defendants appeal arising out of a suit for the issue of permanent injunction restraining the defendant from maintaining a flour mill in premises No. 12, Library Bazar mussoorie and restraining defendant No. 2 from granting a flour mill lience to defendant No. 1 to run a flour mil) in the said premises.

( 2 ) THE plaintiff is the owner of premises No. 11 Library Bazar, Mussoorie which is a three storied building. The upper two storeys are used for residential purposes and the ground floor is used as a shop. It is stated that in 1945 the appellant-defendant established an electric flour mill in premises No. 12 Library Bazar which is adjacent to the plaintiffs house. According to the plaintiff the running of this flour mill amounts to a private nuisance. It causes a lot of noise and vibration so that the plaintiff and the members of his family find it difficult to reside in their house, and it causes great inconvenience and discomfort to them. As the plaintiffs efforts to seek the intervention of the local authorities were unsuccessful he had to bring the suit which has given rise to the present appeal. The City Board, Mussoorie was impleaded as defenda