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11 Learned counsel for the tenant relied upon the decision of this court in the case of Kashinath Shankar Gambhire vs. Sudha Gopal Patil 2001 (1) Mh.L.J.672 and contended that this seepage of water cannot be regarded as a nuisance. She invited my attention to paragraph 6 of the decision, which reads as follows :

"6. The nuisance for which an action would lie under section 13(1)(c) is incapable of any legal definition. Nuisance ordinarily means that which annoys or hurts or that which is offensive. It includes any act, omission or conduct which causes or is likely to cause inconvenience, hurt, damage or which may interfere with the enjoyment of the life or property. Anything done which unwarrantly affects the rights of others, endangers life or health, gives offence to the senses, violates the law of decency or spb/-

13 wp2124-94-1477-95.sxw interfere with the enjoyment of the life or property. Anything which unwarrantly affects the rights of the landlady or other occupants or endangers life or health, gives offence to the senses, violates the law of decency or obstructs the comfortable and reasonable use of property amounts to actionable nuisance. Whether a particular act, omission or conduct is such as would amount to nuisance is required to be decided by common sense and the sense of a prudent and reasonable man living in the society and not according to any fanciful or imaginary concepts of decency or behaviour affecting rights of others or endangering their life or health. In a metropolitan city like Pune people have certain notions of life and manner of living. An elderly landlady spending most of her time at home is facing an offensive discharge or leakage from water closet or commode into her kitchen and dining room in her premises immediately below, would certainly consider it to be an offence to the senses and violative the concept of decency and cleanliness. A passive discharge in a latrine below not caused on account of any act or omission on the part of the tenants has to be distinguished from an active discharge resulting from the act of the tenant such as making of a new or opening of a new latrine and water closet right above the kitchen and the dining room of the landlady or other occupants.