BHANWAR LAL Vs. DHANRAJ

JUDGEMENT

(1.) THE second appeal before me is by the defendant. The subject matter of the litigation is the construction of a shop by the defendant on a Chabutra in the market of Pali.

(2.) THE plaintiff-respondent has a shop in the same market. The plaintiff's case in brief was that the construction of the shop over the Chabutra by the defendant has caused discomfort amounting to nuisance to the plaintiff in multifarious ways; firstly it resulted in diminishing the light and air which the plantiffs' shop used to receive when the Chabutra was open; secondly the impugned construction created an obstruc-tion to the flow of foul water in a nearby narrow lane, which would consequently be absorbed in the lane itself and emitting foul smell; thirdly as a result of this construction the foul air caused by urination spoils from dogs or human excreta was prevented from spread-ins out from the mouth of the lane as hithertofore. On the other hand, the direction of the flowing-out foul air from the lane was changed and the same would consequently invade the plaintiffs' shop lastly it was averred that on account of the impugned construction the view of the, plaintiffs' shop was obstructed.

(3.) THE litigation has a chequered history. To start with when the construction of the shop was commenced the plaintiff brought a suit in 1955 for an injunction restraining the defendant from putting up the construction. However, as the construction was completed before the conclusion of the suit, the plaint was amended. There was a second amendment of the plaint as well and the case was fought finally on the basis of the second amended plaint.