Question

PRINCIPLE : An unlawful interference with a person's use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort.

FACTS : During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only $1$ kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers filed a suit for nuisance against the defendant.

Which one of the following decision will be correct in this suit?

• A. The defendant is liable for nuisance.
• B. The defendant is not liable for nuisance.
• C. The defendant is liable under the principle of strict liability.
• D. The plaintiff's suit should be declared in favour of the neighbouring shopkeeper.

Answer 1

The correct option is B The defendant is not liable for nuisance.

• The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. Nuisance is an unlawful interference with a person’s use or enjoyment of land, or of some right over, or in connection with it. Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.
  
• In the present case, the fruits and vegetable seller was lawfully selling his fruits and vegetables as he had a license to do so. Moreover, the queue before his shops was because of people who needed onions from him and not directly because of him as he is not interfering with others' use or enjoyment of land or some right over, or in connection with it. Hence, the defendant is not liable for nuisance.