Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Unlawful interference with a person's use or enjoyment of his premises is a civil wrong and forbidden by law.
FACTUAL SITUATION: Ramrao's neighbour was running a small printing establishment in his house. Though it was noisy at times, the neighbourhood found it tolerable. One day, Ramarao's aged father came to his house to convalesce after a major operation. He found the noise intolerable. Ramrao took up the matter with his neighbour who refused to oblige him. As a result, Ramrao's father died on account of the irritation. Ramrao filed a suit to close the press.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Unlawful interference with a person's use or enjoyment of his premises is a civil wrong and forbidden by law.
FACTUAL SITUATION: Ramrao's neighbour was running a small printing establishment in his house. Though it was noisy at times, the neighbourhood found it tolerable. One day, Ramarao's aged father came to his house to convalesce after a major operation. He found the noise intolerable. Ramrao took up the matter with his neighbour who refused to oblige him. As a result, Ramrao's father died on account of the irritation. Ramrao filed a suit to close the press.
The correct option is A Ramarao would win, as his neighbour did not oblige him even after knowing the serious condition of his father
Private nuisance refers to the unlawful interference with the right to use or enjoyment of property by the owner which causes some damage to the owner of the land. The essential ingredients of private nuisance are: (1) unreasonable or unlawful interference(2) interference should be with respect to right to use or enjoyment of property(3) damage.Interference can be of two types: injury to property and personal physical discomfort. The current instance is an example of personal physical discomfort. It has been established in a number of cases that noise pollution from any machine situated in the neighbouring premises amounts to personal discomfort to amount to private nuisance (Ram Raj Singh v Babulal).
Private nuisance refers to the unlawful interference with the right to use or enjoyment of property by the owner which causes some damage to the owner of the land. The essential ingredients of private nuisance are:
