JUDGMENT

Kanhaiya Lal and Mukerji, JJ. - The plaintiff, Tmamuddin, owns a house situated in Bazar Katra Ahmadganj, in Farrukhabad city. The house is occupied by the other plaintiffs, one of whom is a clergyman and the other, who is his wife, practises as a lady doctor. Behind this house is situated a house belonging to the defendant where a flour mill worked by an oil engine has been recently started. The allegation of the plaintiff was that the working of the flour mill caused great trouble to the occupants of the house and interfered with their business and ordinary physical comfort. The defendant stated that be had been working the flour mill in another house situated at a distance of about 20 to 25 paces from that place from nine years, that that house was recently purchased by Mathura Prasad who started a steam engine of his own in that locality, and that he had consequently to shift from that place to the present house.

2. Both the courts below inspected the locality and came to the conclusion that the working of the flour mill in that locality undoubtedly interfered with the comfort of the occupant's of the house and disturbed them in carrying on their usual business. The Cour