| Principle Nobody shall unlawfully interfere with a person's use or enjoyment of land or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situations. |
| Facts Jeevan and Pavan were neighbours in a residential locality. Pavan started a tabia class in a part of his house and the sound, disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan. |
A) Pavan is liable, because he should not have started tabala class in his house
B) Pavan is liable, because as neighbours, he should have realised Jeean's delicate nature
C) Pavan is not liable, because the sound does not interfere with Jeevan's use or enjoyment of land or any of his rights
D) None of the above
Correct Answer: C
Solution :
According to the law of Torts on Nuisance, the essence or the tort of private nuisance is that it is an unlawful interference and/or annoyance which causes damages to an occupier or owner of land in respect of his enjoyment of the land In the given case, Pavan is not liable, because the sound of tabia does not interfere with Jeevan's use or enjoyment of land or any of his rights.
You need to login to perform this action.
You will be redirected in
3 sec
