Legal Case Summary

Case Details
Case ID 0bf91b77-c2c1-400c-8dc8-086e4f6d849e
Body View case body.
Case Number Second Appeal No. 280 of 1951
Decision Date May 18, 1953
Hearing Date
Decision The appeal was dismissed, maintaining the injunction against the defendant to refrain from sending soot to the plaintiff's factory. The court held that the plaintiff's right to health and property was infringed by the defendant's actions, which constituted a nuisance. The court clarified that the injunction did not fall under the restrictions of section 12 of the Administration of Evacuee Property Ordinance, as it was focused on the actions causing harm rather than the property itself. The case emphasized the importance of balancing property rights with the protection of health and safety.
Summary This case revolves around a dispute between The Refugee Rehabilitation Cooperative House Building Society Ltd. and Montgomery Flour and General Mills Ltd. regarding the operation of a brick kiln on evacuee land. The plaintiff, Montgomery Flour and General Mills Ltd., sought an injunction to prevent the defendant from operating the brick kiln, claiming that it caused a nuisance by discharging soot that affected their biscuit and ice factory. The Lahore High Court ruled in favor of the plaintiff, emphasizing the significance of protecting public health and safety over property rights. The decision highlighted that an injunction could be granted to prevent harm to health, even when the property in question was classified as evacuee property under the Administration of Evacuee Property Ordinance. This ruling serves as a precedent for similar cases where health concerns intersect with property rights. Keywords: nuisance, injunction, public health, property rights, evacuee property.
Court Lahore High Court
Entities Involved Montgomery Flour and General Mills Ltd., The Refugee Rehabilitation Cooperative House Building Society Ltd.
Judges B. Z. KAIKAUS, J
Lawyers Shamim Hussain Qadri, Muhammad Iqbal Hussain, Khizar Tamimi
Petitioners THE REFUGEE REHABILITATION COOPERATIVE HOUSE BUILDING SOCIETY LTD.
Respondents MONTGOMERY FLOUR AND GENERAL MILLS LTD.
Citations 1953 SLD 139, 1953 PLD 384
Other Citations Not available
Laws Involved Pakistan (Administration of Evacuee Property) Ordinance
Sections 12