JUDGMENT

S.S. Dhavan, J. - This is a plaintiff's second appeal from the decree of the Civil Judge of Etah modifying an injunction issued by the Munsif of Kashganj requiring the defendant respondent to remove a nuisance by reconstructing his latrine and, in case of his failure to do so, directing the removal of the latrine. The facts are these. The plaintiff-appellant Budh Sen alleged that he and the defendant-respondent Satya Narain lived in the same street and their houses faced each other; that the defendant had constructed a latrine facing the street and therefore facing the plaintiff's house, that this latrine did not exist at this place before; that the latrine was so constructed that it gave a very offensive smell as a result of which the plaintiff was no longer able to use his sitting room nor take his meals in his kitchen because the filth of the latrine was visible from the plaintiff's kitchen; that the defendant's latrine amounted to a nuisance which interfered with the plaintiff's comfortably living in his own house. The plaintiff prayed for an order closing the door of the latrine which opened on the street and for the removal of the latrine itself.

2. The defendant resi