Question

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 situation."
FACT: Jeevan and Pavan were neighbours in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan. Decide.

• A. Pavan is liable, because he should not have started typing class in his house
• B. Pavan is liable, because as a neighbour, he should have realised Jeevan's delicate nature
• C. Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan
• D. None of the above

Answer 1

Answer: (D)

None of the above

Private Nuisance can be defined it as "any continuous activity or state of affairs causing a substantial and unreasonable interference with a (claimant's) land or his use or enjoyment of that land". Private nuisance, unlike public nuisance, is only a tort, and damages for personal injuries are not recoverable. Hence, none of the answers are correct.