SRIMANTA GHOSH Vs. DEBABRATA GHOSH

JUDGEMENT

(1.) This matter has come up for admission. This appeal is arising out of a judgment and decree passed by the learned Additional District Judge, FTC-I, Lalbagh in an appeal from a judgment and decree dtd. 12/8/2016 passed by the learned Civil Judge (Junior Division), Lalbagh, Murshidabad in Other Suit No. 54 of 2000.

(2.) The plaintiff filed a suit for actionable nuisance and permanent injunction. The plaintiff alleged that the defendant is an adjoining plot holder and the defendant/appellant was running a mill that caused rattling noise and vibration, and as a consequence whereof, it had caused discomfort to the plaintiff and his wife. It was alleged that the defendant was making arrangement for installing and running a mill on the said suit scheduled property with the help of 20 horsepower motor without the required licence. The rattling noise and vibration is injurious to the health of the plaintiff and his wife, inasmuch as, it had caused discomfort to the enjoyment of the property. It is further alleged that due to the rattling noise and vibration, the son of the plaintiff could not concentrate on his studies.

(3.) The defendant entered appearance in the suit and filed a written statement. In the written statement it was alleged that the defendant was not required to obtain a 'no objection certificate' from the Pollution Control Board as the mill was running with a motor of 15 horsepower and there was no need to seek a grant of such permission from the Pollution Control Board. It is further alleged that there is a liquor shop adjacent to the house of the plaintiff and no such injuries was caused due to the same to the plaintiff in running the said mill. It was further alleged that the same has been filed out of vengeance and contain untrue statements.