UJAGAR SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) This revision-petition is against the order of the Additional District Judge, Ludhiana, dated 15.2.1992 whereby the order of the trial Court was modified-thereby permitting the respondent to run his workshop between 7 a.m. to 7 p.m. as an interim measure till the disposal of the suit.

(2.) Ujagar Singh plaintiff-petitioner-filed a suit for permanent injunction directing the respondent to remove the machines installed in the adjoining place as well as running the same as the operation of these machines is a source of great nuisance. By way of interim relief, the plaintiff-petition sought mandatory injunction restraining the respondent from running the machinery till the decision of the suit. As per averments in the plaint, it was the case of the plaintiff that the respondent has installed machinery in his residential home which is adjacent to the house of the plaintiff. It is further case of the petitioner that this machinery consists of adda cutting machines, iron bars cutting machines, diesel engine etc. The vibrations caused due to the running of these machines has caused cracks in the adjoining walls of the petitioner and the constant noise prevents the petitioner who is an old person of 70 years of age and otherwise suffering from heart ailment and blood pressure, from peacefully spending his days at home. Not only this on account of this noise, the petitioner's grand children are unable to study.

(3.) Respondent put in appearance, controverted the various averments made in the plaint and further averred that the alleged workshop is in existence for almost 13 years and so the present suit is barred by delay, laches and acquiesence on the part of the plaintiff-petitioner. In addition, it was stated that similar other workshops, i.e. floor mills and saw-mills of Mohinder Singh and a workshop of Nauhria Singh in the vicinity of the house of petitioner are in existence.