1949 (1) TMI 4

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....-1946, by which he has dismissed the plft's. suit which was instituted for a permanent injunction restraining the deft. 1 from manufacturing bricks from the earth of the land described in Sch. A & also for recovery of RS. 61-8-0 as damages against the deft. for removing the earth in the form of bricks. 2. The facts found by the Cts., below are that the pltf. is a landlord & he let out surve....

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....village to receive the earth so removed, the tenant is not obliged to keep the earth on the holding & that he can even throw if; away. Assuming that this argument is correct, in the present case it has been found that the tenant did not throw away the earth but he sold it in the form of bricks to strangers. This certainly he is not entitled to do: see Purnendu Narayan Singh v. Narendra Nath, 23 P.....

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....with this contention because the deft. has committed no wrong in digging the earth because the finding is that he dug the land for the purposes of improvement. If the deft. at any time is found to be misusing the land in that case a proper case for injunction besides damages may arise. How can we restrain the tenant from digging the earth & then for disposing of that earth when the pltf. has not a....