MAHAMOOD AHMAD MANER Vs. YAKUB SHAMAPAN MULLA

JUDGEMENT

(1.) THIS Second Appeal is against the judgment and decree of the learned Addl. District Judge, Sangli, holding that the dunk machine installed by the appellant, meant for pounding chillies into powder causes a nuisance to the respondent-plaintiff.

(2.) THE appellant has installed a pounding machine in his house which is on the western side of the respondent's house. This pounding machine has four iron pestles of 2-1/2" diameter which strike from a distance of 6 inches in four iron bores. It is installed at a distance of only 5 ft. from the eastern wall of the respondent's house.

(3.) THIS second appeal has been admitted. The substantial question of law that arises is:-