1989 ALL. L. J. 415 ::(1989) 1 All RentCas 105 ::(1989) 1 CurCC 236 ::1989 All CJ 133 ::(1989) 15 All LR 158 ::(1990) 1 RentLR 341

Allahabad High Court

Hon'ble Judge(s): B. L. Yadav , J

(A) Specific Relief Act (47 of 1963) , S.41(h)— "Efficacious relief" - Meaning of word "efficacious" - It means to produce the intended effect or result. Words and phrases - "Efficacious remedy" - Meaning of "efficacious" - It means to produce intended result - Torts - Public nuisance - Proof. In S. 41 (h) the legislature has emphasised the expression "equally efficacious relief' which can certainly be obtained. The Legislature has very wisely used the expression 'equally efficacious relief. In fact the word 'efficacious' is adjective according to grammar and its noun is 'efficacy'. The word' efficacy' is derived from latin word 'efficacie' which means capacity to produce results. The word 'efficacious' accordingly means able to produce the intended effect or result. In case the relief which can be obtained by other usual mode is equally efficacious meaning thereby equally able to produce the result which was intended, then only injunction can be refused. Even there must be no doubt about the said relief being obtained because the legislature has used the word "certainly".(Para 6) (B) Specific Relief Act (47 of 1963) , S.41(h)— Suit for grant of injunction - Tenant using furnace and generator in shop premises - Smoke from furnace making life miserable - No efficacious....