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Issues:
- Appeal for permanent injunction to restrain execution of a decree for tree removal based on religious grounds. Analysis: 1. The case involved an appeal by the plaintiffs seeking a permanent injunction to prevent the removal of a sacred tree due to a decree obtained by the first defendant against the second defendant for tree removal. The initial suit decreed removal of the tree due to its roots causing damage to the first defendant's property. The plaintiffs argued that the tree was sacred and its removal would violate their religious sentiments. The Court of first instance granted a permanent injunction, but the Subordinate Judge reversed this decision. The plaintiffs contended that a permanent injunction should be granted to prevent the sacred tree's removal in execution of the decree. 2. The judgment highlighted that the decree was valid and based on established legal principles, citing the obligation of landowners to prevent tree branches or roots from causing damage to neighboring properties. Legal precedents were referenced to support the court's authority to grant a mandatory injunction for nuisance removal. Various cases were cited, including Lemmon v. Webb and Norris v. Baker, to emphasize the legal obligation of landowners to prevent damage caused by trees on their property. Additionally, international legal provisions, such as the French civil Code and German civil Code, were referenced to support the legal principles discussed. 3. The judgment analyzed the legal basis for granting a perpetual injunction, emphasizing that such an injunction could only be granted to prevent the breach of a legal obligation. The plaintiffs were required to establish that the first defendant had an obligation to maintain the sacred tree on her land, despite the damage caused to the neighboring property, and that the second defendant had an obligation to allow the tree's presence, despite the damage to his own property. The court clarified that legal obligations must be enforceable by law, not merely moral, social, or religious. Despite acknowledging the reverence for certain trees in Hindu culture, the court held that the plaintiffs failed to demonstrate a legal obligation that could compel the defendants to act as requested. 4. Ultimately, the judgment affirmed the decision of the Subordinate Judge, dismissing the appeal for a permanent injunction and ordering the plaintiffs to bear the costs. The court concluded that the refusal to grant a perpetual injunction did not lead to a breach of a legal obligation enforceable by law, as required for such relief. Conclusion: The High Court of Calcutta upheld the decision of the Subordinate Judge, denying the appeal for a permanent injunction to prevent the removal of a sacred tree based on religious grounds. The judgment emphasized the legal principles governing tree-related nuisances and the necessity of establishing enforceable legal obligations to warrant the grant of a perpetual injunction.
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