VIMLA DEVI Vs. JANG BAHADUR

JUDGEMENT

(1.) THIS is a revision application directed against the order of the learned District judge, Jaipur City dated April 14, 1976. The learned District Judge by his aforesaid order partly accepted the appeal and set aside the order of the learned Munsif refusing temporary injunction and directed the maintenance of status quo as it existed on the date of the filing of the suit.

(2.) THE material facts which are necessary for the disposal of this revision application stated in brief are as under:--The plaintiff-respondent brought a suit for permanent injunction against the defendant-petitioner on the ground of actionable nuisance. The case of the plaintiff as set forth in the plaint is that he has been living as a tenant in some of the apartments of the defendant-petitioner since the year 1974. It is the allegation of the plaintiff that the defendant wanted him to vacate the demised premises, but he did not agree to vacate. Thereupon the defendant with a view to harass the plaintiff collected six she-buffaloes on June 18, 1975 and began to tie them in the open compound of the plot where the apartments occupied by the plaintiff were situated. On account of the tying of the she-buffaloes unhygienic conditions were created due to the excreta and urine passed by the she-buffaloes, which emitted foul smell resulting in actionable nuisance. The plaintiff, therefore, brought a suit for permanent injunction, wherein he prayed that the defendant be restrained from tying the she-buffaloes in the open compound of the aforesaid plot and further she be directed to remove the she-buffaloes which she has already collected on the open land in question.

(3.) ALONG with the plaint the plaintiff also filed an application under Order 39, rules 1 and 2 of the Code of Civil Procedure, wherein it was prayed that temporary injunction be granted against the petitioner for not tying the she-buffaloes and that she may further be restrained from bringing any more she-buffaloes for tying them in the open compound.