Question

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: A man must not make such use of his property as unreasonably and unnecessarily to cause to inconvenience to his neighbours.

FACTUAL SITUATION: X is the owner of a plot measuring 50 feet by 80 feet. He constructed a small house at one corner and was using the rest of the land as a cow shed. He had 20 cows and is involved in selling the milk to the public. The cow dung and other wastes were openly stored in a small 10 feet by 8 feet tank. This constantly paved way for bed smell and breeding of mosquitoes. Y, his neighbour constantly complained to X but in vain.

DECIDE.

• A. Y cannot take any other action against X.
• B. X can do something to prevent the foul smell.
• C. Y can complain to the police.
• D. Y can sue X for damages based on the inconvenience caused by X.

Answer 1

Answer: (D)

Y can sue X for damages based on the inconvenience caused by X.

It is the obligation of the owner X to take care that the use of his property does not cause unreasonable incovenience to his neighbours.In the above situation Y has a right to sue X for damages caused due to incovenience (caused by the smell of cow dung and breeding of mosquitoes).