| Case ID |
0bf91b77-c2c1-400c-8dc8-086e4f6d849e |
| Body |
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| 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
|