“It is the case of the plaintiff that he got constructed building over his own plot for residential purpose which is adjacent to the western wall of the building of defendant no.1 The defendant no.1 has started running a flour-mill etc. in his building which is creating nuisance and vibrations in the building of the plaintiff and which are likely to cause substantial damage to it. The said business of flour-mill etc. is being run by the defendant no.1 in the name of his wife, defendant no.2 in the name and style of 'Nandan Udyog' and this he has done with ulterior motives as the defendant no.2 is not a member of the S.B.I. Employees Cooperative Housing Society Limited. She has no right to run the flour-mill in the accommodation in question, the land of which was allotted to defendant no.1 for construction of residential house and not for any factory thereon. In reply to this, the case of the defendant no.1 is that it was incumbent on the plaintiff to a rise constructions over the land within a period of two years from the date of its allotment, which he has failed to do, hence the allotment in his favour stands automatically cancelled, as provided in the byelaws of the S.B. Employees Cooperative Society limited Rampur. That the plaintiff cannot restrain the defendant from using his land for any purpose whatsoever. It is evident that the defendant no. 1 has not denied this allegation that he has started running a flour mill over the building allotted to him, in the name of his wife, defendant no.2 The documentary evidence filed by the defendants shows that a 50 H.P. Electric connection has been sanctioned for running the flour mill in the name of Nandan Udyog. The plaintiff in support of his case has examined himself as P.W.1 and deposed that the plots to him and defendant no.1 were allotted by the State Bank of India Employees Cooperative/ Housing Society Ltd. for residential purposes and he
