LAXMAN C BHATIA Vs. S P SINHA

JUDGEMENT

(1.) The petitioner is the owner of flat No.B- 26, Press Enclave, Saket, New Delhi, while respondent No.1 is the owner of flat No.B-23, Press Enclave, New Delhi. The petitioner's flat is on the first floor directly over the flat of the respondent No.1.

(2.) The petitioner had fixed a water cooler in the window of his room, supported with angle iron frame. The respondent No.1 found this to be totally unpalatable and a source of nuisance. Respondent No.1 filed a suit for permanent and mandatory injunction, alleging that the cooler was installed directly over the entrance of his flat and the dripping water was a constant source of nuisance. Respondent No.1 sought mandatory injunction against the petitioner for removal of water cooler and a restraint from creating any nuisance by fixing of water cooler or any other thing on top of the entrance of his flat. Damages were also sought. Repondent No.1 also claimed that there was threat and possibility of cooler falling over members of his family and visitors to his flat.

(3.) The petitioner filed his written statement, in which he denied the allegations made and claimed, that the cooler had been installed at the place and space in the flat as per the architectural design of the complex. It was denied that there was dripping water from the cooler. It was claimed that the cooler has been mounted on a permanent bracket of angle iron and is well fixed and secured.