JUDGMENT :- This is a tenant's second appeal from the decree of the Additional Civil judge, Muzaffarnagar confirming that of the Additional Munsif, Muzaffarnagar issuing a permanent injunction to restrain the defendant Behari Lal from installing an electric flour mill in the house let out to him and to remove it if he had already installed it.

The plaintiff-respondent Smt. Chandrawati is the landlord of the house which was let out to Behari Lal several years ago. It is common ground that the accommodation is a residential house and was let out to Beharilal several years ago. It is common ground that the accommodation is a residential house and was let out to Behari Lal for residing in it. The plaintiff alleged that the defendant had recently installed, or was about to install, in the house a flour mill driven by electricity and had dug the foundations for this purpose. She asked for an injunction to restrain the defendant from installing the mill, and in the alternative, for a mandatory injunction asking him to remove it.

2. The defendant resisted the suit. His main defence was that by installing the mill he had not gone outside the purpose for which the accommodation had been let ou

Click Here to Read the rest of this document