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It is clause (iv) of section 10(2) of the Act that makes nuisance as a ground for eviction. It is worded like this:

"That the tenant has been guilty of such acts and conduct which are a nuisance to the occupiers of other portions in the same binding or buildings in The neighbourhood."

Though the word "nuisance" is not defined it can be inferred from the context that what is meant therein is the actionable nuisance which is recognized Common Law. Nuisance as understood in law is broadly divided into two classes public nuisance and private nuisance. The former consists of some acts or omissions which result in violation of rights which one enjoys in common with other members of the public. But the fatter i.e. private nuisance, is one which interfere with a person's use and enjoyment of immovable property or some right in respect of it. In Halsbury's Laws of England (vol.34 of the fourth edition at page 102)essentials of common law of nuisance arc mentioned as under

"309: Both unlawful act and damage necessary. In order to constitute nuisance there must be both (1) an unlawful act, and (2) damage, actual or presumed. Damage alone gives no right action, the mere fact that an act causes loss to another does not make that act a nuisance.
For the purposes of the law of nuisance an unlawful act is the interference by act or omission with a person's use or enjoyment of land or some right over or in connection with land."

Suffering of damage must be proved in a case of nuisance unless it can be presumed by law to exist. But the damage to amount to actionable nuisance must be substantial or at-least of some significance. In other words. If the damage is insignificant or evanescent or trivial it would not be actionable nuisance. The following passage in para 312 of the same volume in Halsbury's Laws of England is worth extracting in this context:

"312. Damage essential. Damage, actual, prospective or presumed, is one of the essentials of nuisance. Its existence must be proved, except in those cases in which it is presumed by law to exist. The damage need not consist of pecuniary loss, but it must be material or substantial, that is, it must not be merely sentimental, speculative or trifling, or damage that is merely temporary, fleeting or evanescent."

It is clear from clause (iv) of Section 10(2) of the Act that what is envisaged therein is only private nuisance and not public nuisance. This can be discerned from the words "nuisance to the occupiers of other portions in the same building or buildings in the neighborhood" Perhaps in a wide sense any industrial activity may create some sound while such activities are in operation. Such sound may be uncomfortable to those who are over sensitive to such noise. But then care must be taken because every inconvenience cannot become actionable nuisance. To make it actionable the nuisance must be of a reasonably perceptible degree as pointed out earlier.