MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

B.A.LL.B.(Hons.) Year-I Semester-I: Academic Year: 2021-2022

First Open Book Assessment, October-2021

Course Code and Name: 1.6 Moot Court

Name of Student: Janhvi Vikas Kanade UID: UG21-57

Answer 1. i.
Issue:
Mr. Y is liable for the Torts of nuisance.
Rule of Law:
A person in possession of a property is entitled to its undisturbed
enjoyment as per law. However, if someone else’s improper use or
enjoyment in his property ends up resulting into an un lawful
interference with his enjoyment or use of that property or of some of
the rights over it, or in connection with it, we can say that the tort of
nuisance has occurred.
Nuisance is an injury to the right of a person’s possession of his
property to undisturbed enjoyment of it any results from an improper
usage by another individual. Nuisance is a word that everybody
understands and we can say that nuisance in common parlance means
nothing more than inconvenience to people or to another. The law
recognizes that minor inconveniences should be endured as they are
inevitable.
Example: If you build your house along a high way, cars will always
pass with their horns hooting.
According to Stephens “Nuisance is anything done to the hurt or
annoyance of the lands, tenements of another, and not amounting to
trespass.
Private nuisance protects the interest of the occupier of land or
premises in the use and enjoyment of his land. This type of nuisance
usually emanates from the defendant’s private land or his actions in
his private capacity. Accordingly, a plaintiff must show that he has
some interest in the land in question. Thus, the land must not be
public land. The law of private nuisance seeks to strike a balance
between two conflicting interests; that of an occupier in the using his
land as he thinks fit and that of his neighbour in the quiet enjoyment
of his land. Thus, a person must not use his property is such a way
that will cause inconvenience to his neighbours.
In an action for private nuisance, the court considers the following:
i) Whether the injury complained of is sensible in the case of material
damage to property and in the case of interference with enjoyment of
land, whether the injury is substantial.
ii) Whether the conduct of the defendant is unlawful, unwarranted or
unreasonable.
Analysis of the Rule of Law:
In this case, Mr Y. is created private nuisance to Mr. X. & Mrs. A by
constructing a cement platform thereafter, placing photographs of
Hindu Gods (to look like temple) and also by installing loudspeaker
with constant noise which causes disturbance.
Despite request made to Mr. Y. by Mr. X & Mrs. A, Mr. Y didn’t stop
which leaded to private nuisance according to the law.

Conclusion:
The concept of nuisance arises commonly in everyone’s daily life, in
fact, the Indian courts have borrowed quite a lot from the English
principles as well as from the decisions of the common law along
with creating their own precedents. This has helped the concept of
nuisance in the field of law develop quite extensively and assures the
fairness and well being of all the parties which may be involved such
as in the case of Private nuisance, the party which is being affected, as
well as, in the case of public nuisance, where the society at large is
being affected.

Answer ii.

Issue:

Injunction is to be issued against Mr. Y to refrain him from

continuing the operation of the temple under the Banyan tree.

Rule of Law:

An injunction is a court order requiring a person to do or cease doing

a specific action.
Injunctive relief is a discretionary power of the court and failure to
comply with an injunction may result in being held in contempt of
court.
Injunctions historically are issued, only "when the remedy at law is
inadequate". For example, suppose you own a home surrounded by
100 year old trees and your neighbour claims the trees are on his
property and is planning on cutting them down. While the dispute is
pending, the court might well issue an injunction preventing the
neighbour from cutting down the trees until the matter is heard and
completely resolved. Otherwise there could be irreparable harm to the
land, money damages could not replace the trees, and the damages
you would be entitled to could be speculative.

Another example of when an injunction may be issued is in the case

of an ongoing course of conduct that violates your rights. For
example, assume X owns a Web site and another firm keeps on
coming back and copying the material on X's Web site in violation of
copyright notices, 'no trespass' notices, and contractual provisions. A
court will issue an injunction to prevent that conduct from recurring.
Analysis of the Rule of Law:
Despite request made to Mr. Y. by Mr. X & Mrs. A, Mr. Y didn’t
stopped and continued the operation of the temple under the banyan
tree.
The law of Injunction has been issued against Mr. Y to refrain him
from continuing the operation of the temple under the banyan tree as
it was leading to private nuisance.
Conclusion:
The grant of injunction is a purely discretionary. The Court may grant
or refuse to grant the same taking into account various factors like the
balance of convenience, possibility of adequate relief by way of
damages, the conduct of the parties, and the possibility of enforcing
its order. The court can compel the performance of certain acts
through a mandatory injunction, if the court is capable of enforcing
the same. Through an injunction the Court may order the demolition
of illegal structure on a highway, or stop some activity which would
cause nuisance, or forbid the publication of a statement which would
be defamatory.
In this case, Mr. Y was creating private nuisance by contructing
cement platform & by installing speaker n playing loud religious
music; the court has issued injunction against Mr. Y to refrain him
from continuing the operation of the temple under the banyan tree.