RAM BAJ SINGH Vs. BABULAL

JUDGEMENT

(1.) The plaintiff-appellant has been denied the relief sought by him on the ground that brick grinding machine of the defendant did not cause any substantial injury or special damage to the plaintiff. Learned Counsel appearing for the plaintiff has argued before me that the two courts below have not correctly appreciated the meaning of the expressions 'substantial injury' and 'special damgage,' as used in law.

(2.) The plaintiff-appellant commenced the action giving rise to this second appeal for permanent injunction to restrain the defendant-respondent from running his brick-grinding machine.

(3.) It is not in controversy between the parties that the plaintiff is a Medical Practitioner. He has built a consulting chamber before the brick-grinding machine was erected by the defendant-respondent. There is a controversy between the parlies as to whether the consulting chamber was established by the plaintiff in the year 1962 or in the year 1965. I shall refer to this controversy later in this judgment. It is also not disputed that the brick-grinding machine is electrically propelled and that it is situate at a distance of about 40 feet from the consulting chamber of the plaintiff-appellant in a north-eastern direction. There is a road which intervenes between the consulting chamber of the plaintiff-appellant and the brick-grinding machine.