KEWAL RAM Vs. KRISHAN KUMAR

JUDGEMENT

(1.) By way of this judgment, we shall dispose of R.S.A. No. 1779 of 1988, filed by the defendants and R.S.A. No. 2033 of 1988, filed by the plaintiffs. Krishan Kumar and others, plaintiffs, filed a suit for permanent injunction to restrain Kewal Ram and others from running an 'atta chakki', a rice shelter plant, a grinder, a grain filter or any such machinery, that causes noise, vibration and nuisance. Kewal Ram and others, defendants, filed a joint written statement controverting averments in the plaint and asserting that the suit is not maintainable as in an earlier suit, Assa Ram, father of the plaintiffs, had compromised the matter with the defendants agreeing to ensure that no damage is caused to the roof. The defendants also pleaded that they had obtained requisite permissions and, therefore, cannot be prevented from running the "atta chakki". After considering the pleadings, the trial court framed the following issues:-

(2.) Upon due consideration of the pleadings, the evidence, and arguments addressed, the trial court dismissed the suit by holding that the "atta chakki" does not cause any nuisance as it is located in a commercial area. Aggrieved by this judgment, the plaintiffs filed an appeal. Vide judgment dated 24.5.1986, the Additional District Judge, Patiala, partly allowed the appeal and ordered that the defendants shall not operate the "atta chakki" during the night but shall be at liberty to operate the "atta chakki" during day time.

(3.) The defendants have filed R.S.A. No. 1779 of 1988 praying that the restraint on operation of the "atta chakki" during night time, should be set aside, whereas the plaintiffs have filed R.S.A. No. 2033 of 1988, praying that the judgment and decree passed by the first appellate court may be modified by directing that the appellants shall not be entitled to operate the "atta chakki" even during the day time.