G VEERABHADRAPPA Vs. M NAGAMMA

JUDGEMENT

(1.) Both these appeals arise out of a judgement and decree of the Court of the Civil Judge, Bellary in R.As. Nos. 44 of 1975 and 45 of 1975, against the judgement and decree in Original Suit Nos. 361 of 1972 and 492 of 1972 respectively, filed by the respondents in these appeals, for restraining the 1st respondent-1st defendant in each of the suits, from running the chilly pounding machine at Bellary city, premises bearing No. 135/2 of XIII Ward. Plaintiffs in two suits were different but claiming the same relief and it was only in Original Suit No. 361 of 1972, the City Municipal Council was also impleaded as the 2nd defendant. The plaintiffs in the two suits alleged that the 1st defendant, who would be referred to as the defendant hereafter, applied to the City Municipal Council, Bellary for permission to run the chilly pounding machine and on their application complaining about the nuisance subsequently, the Municipal Council did not renew the licence. The common grievance is, that the pounding machine was set up without complying with the requirements of law and great nuisance was being created on account of vibration due to the pounding of chilly. This had potential danger to the safety of the buildings as cracks had developed after its installation. Secondly, the chilly dust shooting out of pounding pit is a health hazard to the plaintiffs and their family members and lastly the sound and vibration caused mental agony to the plaintiffs and their family members. It was being worked day and night. Their mental peace was also affected and sleep disturbed. The children of the residents in the locality are disturbed in their studies and representations of this nuisance were made many a time to the Deputy Commissioner. In spite of that, the defendant persisted in continuing the nuisance and hence the suit.

(2.) The prayer of relief is as follows :

(3.) The 1st defendant resisted the suit refuting all these allegations and contended that the nuisance and hazards apprehended by the plaintiffs are without any basis.