Gur Prasad Saxena and another filed suit No. 595 of 1964 against Radhey Shyam and 5 others for permanent injunction restraining the defendant No. 1 from installing and running flour mill in the premises occupied by the defendant No. 1 on 7-Ashok Marg, Lucknow. The plaintiffs alleged that a portion of the first floor of the said premises was occupied by plaintiff No. 1 as a tenant. Just below that portion lay the shop of the defendant No. 1 on the ground floor. The plaintiff No. 2 occupied a shop adjoining the shop of defendant No. 1 on the ground floor of the premises. The defendant No. 1 operated upon an oil expeller machine in his shop for about six months and thereafter he planned to instal a flour mill therein. It was alleged that prior thereto the defendant No. 1 carried a Kirana business in the shop. The installation of flour mill was opposed by the owners of the said building as also by the plaintiff No. 1. The plaintiffs alleged that they would lose their peace on account of rattling noise of the flour mill and their health would be adversely affected if the flour mill was allowed to be run. The defendant No. 1 did not agree to give up the idea of installing the