Manohar Lal Mulwani Vs Punjab State Corporation Bank Ltd.

Supreme Court of India 8 Feb 1994 Civil Appeal No. 3030 Of 1984 (1994) 02 SC CK 0137
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Appeal No. 3030 Of 1984

Hon'ble Bench

S. Mohan, J; M. K. Mukherjee, J

Final Decision

Dismissed

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

1. Having heard learned counsel for the appellant Mr. G.L. Sanghi and learned counsel for the respondent - Mr. Arvind Kumar, we are of the view that both the appellate court and High court had gone wrong in coming to the conclusion that installation of an exhaust fan in a canteen would amount to nuisance. Law cannot be reduced to this pedantic level. Therefore, the impugned judgments are set aside. The eviction petition will stand dismissed. The appeal is allowed. However, we may add inasmuch as Mr. Sanghi, learned counsel for the appellant, states that the exhaust fan "which is a source of nuisance" has already been removed. Even otherwise, the appellant undertakes to remove the same within a week from today. We record this undertaking.

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