make residence in
Fountain Court most uncomfortable. The action of the defendant would amount to
actionable nuisance.
Mr. Sudipto Sarkar, learned Senior Advocate ... case it was spelt out that to found an action on
diminution of light, actionable nuisance had to be established. His lordship opined
that
permanent injunction against the defendant-petitioner on the ground of actionable nuisance. The case of the plaintiff as set forth in the plaint is that ... passed by the she-buffaloes, which emitted foul smell resulting in actionable nuisance. The plaintiff, therefore, brought a suit for permanent injunction, wherein he prayed
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 ... envisaged therein is only private nuisance
and not public nuisance. This can be discerned from the
words "nuisance to the occupiers of other portions
amount to any actionable nuisance both to the person and property of the plaintiff and his family. It was further contended that the plaintiff ... building
attached to it. While deciding on the alleged
actionable nuisance as in the present case
the Court must consider if the defendant is
using
troubles" and comes within the category of an actionable nuisance."
Three, the defendant firm, now the appellant before me, is certainly entitled ... evidence there is that the nuisance by noise had started then. No such nuisance, no cause of action for the suit.
III. Nuisance by noise
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 ... envisaged therein is only private nuisance
and not public nuisance. This can be discerned from the
words "nuisance to the occupiers of other portions
actionable nuisance. In this case a very though investigation has been made by the learned Judge in respect, of the nuisance, namely, actionable nuisance ... nuisance actually in existence stands on a differing footing than a possibility of nuisance or a future nuisance. An actually existing nuisance is capable
tenant and since it is a commercial area, no case of actionable nuisance is made out.
19. Learned counsel for the plaintiff-landlord submitted that ... 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
that the nuisance to be a cause of action for eviction, must be an actionable nuisance and that the same is not proved. Consequently ... envisaged therein is only private nuisance and not public nuisance. This can be discerned from the words "nuisance to the occupiers of other portions
about nuisance caused by
vibration of engines. The type of nuisance was mainly sound and
circulation of dust. The Court opined that nuisance had first ... plaintiff had instituted
the action to extract money? Whether the action was vexatious
and oppressive for the defendant? If the nuisance was significant
the damages
