1 The plaintiff and the first defendant who may be referred to as the defendant are adjoining landowners, the land of the plaintiff being to the east of that of the defendant. The suit was for a permanent injunction to restrain the defendant, from using a latrine which he had erected at the north - eastern corner of his land, on the ground that it constituted a nuisance to the plaintiff. The Munsiff who tried the suit decreed injunction, in case the defendant failed to construct a latrine with septic tank attached as directed, in the place of the latrine complained of. The defendant appealed to the Additional District Judge, who remitted an issue to the Munsiff reading, Was the latrine erected by the 1st defendant in a reasonable manner so as not to infringe unnecessarily the right of the plaintiff".

2 It is the plaintiff's case, that in addition to his main residential building there is another building or outhouse on his land, which was being used by him as a kitchen, situated somewhat close to the offending latrine. The defendant contended that before that latrine was constructed he had a 'marappura' or pit, which served the same purpose as the latrine but without the removal o