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1957 Supreme(MP) 203

B.K.CHATURVEDI
Dhannalal – Appellant
Versus
Thakur Chittarsingh Mehtapsingh – Respondent


Advocates Appeared:
B.L.Seth, K.B.SINHA,

JUDGMENT :

( 1. ) THIS is defendants second appeal from the decree passed by the Additional district Judge, Sagar, on 20-9-1956, affirming the decree of 25-1-1956 by the civil Judge (Class II), Khurai, granting a perpetual injunction restraining the defendants from running a flour-mill close to the house of the plaintiff-respondent in Manorama Ward of Bina town. ( 2. ) PLAINTIFF-RESPONDENT has his house at a distance of 8 or 9 feet from the flour-mill. The allegation of the plaintiff was that the working of the flour-mill caused great trouble to the occupants of the house and the smoke, vibrations and the noise of the mill interfered with their physical comforts. Both the Courts below have come to the conclusion that the working of the defendants flour-mill in that locality makes such a great noise generally from 2 P. M. to 9 P. M. and some-days from 8 A. M. to 10 P. M. (with a short break) that during that time it is difficult for the occupants of the plaintiffs house to hear their own conversation, and undoubtedly it interferes with their physical comforts. The Courts, therefore, granted the injunction solely on the basis of abnormal or unreasonable noise produced by the flour-mil

























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