BINNY LTD Vs. MURARI HOSPITAL SYNDICATE A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT HAVING ITS OFFICE AT NO 36 MAIN ROAD MADRAS

JUDGEMENT

(1.) 1st Defendant in O.S.No. 1180 of 1971, on the file of the II Assistant City Civil Court, Madras, is the appellant.

(2.) TWO plaintiffs have filed a suit under 0.7, Rule 1 and O.1, Rule 8, C.P.C., for the following reliefs: (a) restraining the defendant by issuing a permanent injunction from loading or unloading or stacking coal or any other materials offensive or injurious to the health of the plaintiffs and other local residents and/ or to the value or utilityof their properties; (b) directing the first defendant to pay the costs; and (c) granting the plaintiffs such further or other reliefs as the Court may deem fit and proper in the circumstances of the case.

(3.) AGGRIEVED by the judgment, the appellant preferred A.S.No.269 of 1974, on the file of the Principal City Civil Court, Madras. The lower Appellate Court also found that the action of loading and unloading of coal in the appellant's property is an actionable nuisance and the same is harmful and injurious to health. It also found that even without the sanction of the Advocate General or even without proving or pleading the special damage, the suit could be entertained. But the lower Appellate Court did not find favour of the trial Court's Judge, in so far as it has granted permanent prohibitory injunction for loading and unloading of other materials, without disclosing the nature of such materials. A decree was granted restraining the appellant from loading or unloading or stacking coal within its property so as to occasion a nuisance to the plaintiffs and their properties. It is against this concurrent Judgments, the 1st defendant has preferred this second appeal.