DARSHAN RAM Vs. NAZAR RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dt. 6-4-1987 of the learned Additional District Judge, Kapurthala.

(2.) I am referring to the parties by the description given in the plaint. The plaintiff and defendant 1 are brothers. They are in occupation of the property which adjoins each other. It is however, divided by a six feet high wall. The defendants were running their business in the premises of the defendant 1 and they were manufacturing the machinery parts and for this they were melting ores in a crucible furnace which was located at a distance of 50 feet from the house of the plaintiff. The defendants installed another big ore melting furnace having a base diameter of 7 feet and 15 feet in height. It was installed by the defendants at a distance of 16 feet from the house of the plaintiff. The big furnace emits obnoxious and offensive smell, harming gases and smell. The working of furnace created lot of heat causing discomfort and inconvenience to the plaintiff and his family members.

(3.) The defendants filed a joint written pleaded that the smelting furnace had been in existence since 1970 and none objected to during all this period and that a valid licence had been issued by the Phagwara Municipal Committee for carrying on this business. The assertion that the furnace having a base diameter of 7 feet and 15 feet in height was recently installed was denied. It was also denied that the furnace caused any inconvenience to the plaintiff.