Law:

Section:

Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949),S. 12---Suit for injunction restraining defendant working a brick kiln on evacuee land from discharging soot on to plaintiff's biscuit and ice factory-Not barred. The defendant was working a brick kiln on evacuee land. The plaintiff filed a suit asking for a decree for an injunction restraining the defendant from working the brick kiln on the ground that the working amounted to a nuisance. Held, that the relief to which the plaintiff is in fact entitled is that the defendant should refrain from sending soot to the factory of the plaintiff. The injunction might very well have been in a form which excluded all reference to the brick kiln and that the injunction sought for did not fall within section 12 of the Administration of Evacuee Property Ordinance. The suit there­fore was not barred. JUDGMENT KAIKAUS, J.---The plaintiff-respondent in this regular second appeal is the Montgomery. Flour and General Mills Ltd., Montgomery, which company has a biscuit and ice factory outside the town of Montgomery. The defendant-appellant is the Refugee Rehabilitation Co-operative House Building Society Ltd., the allottee of an evacuee brick kiln which is situated quite close to the biscuit and ice factory. On 13th of December 1949, the plaintiff-respondent filed a suit asking for a decree for an injunc­tion restraining the defendant from working the brick kiln on the ground that the working amounted to a nuisance. It is alleged that the soot from the smoke which went up the chimney of the brick kiln came down and affected the health of the workmen and residents of the factory, that it would also mix with biscuits and ice and so would injuriously affect the health of those who use the ice and the biscuits, and that the heat of the chimney and its sparks were a continued source of danger to the cotton, cotton seed, diesel oil and mobile-oil lying at the factory, which are easily combustible material. It seems that not only a large number of workmen work at the factory but the manager and other officials also reside on the premises. The defendant denied all the allegations with respect to the brick kiln…

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