DHANRAJ Vs. BHANWARLAL

JUDGEMENT

(1.) PALI cannot be compared with Paris and Jodhpur with Geneva or Zunic of Switzerland for the concept of cleanliness, sanitation and the consequential negation of it, leading to 'actionable nuisance' is the lively interesting debate, turned into legal arguments in this appeal.

(2.) AND now the traditional facts. The appeal is directed against the judgment of the learned Single Judge of this Court by which the suit of the plaintiff based on 'nuisance' was dismissed and the appeal of the defendant was accepted.

(3.) EARLIER it used to pass over the Chabutra of the defendant and now by this construction this foul smell has been diverted towards the plaintiff's shop. In substance, the case of the plaintiff was of 'actionable nuisance' against the defendant by diversion of the foul and bad smell towards the plaintiff's shop, on account of the construction.