Question

Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.
Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbour, complains that he cannot listen to his favourite TV show in his home due to the radio of Ashok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

• A. Listening to the radio is Ashok’s freedom.
• B. Ashok is creating nuisance to his neighbour by playing the radio loud perpetually and disturbing Raju in being able to listen to the TV in his home.
• C. Raju is creating nuisance by complaining about Ashok’s enjoyment of hearing his radio.
• D. Raju should appreciate that Ashok is aged and hard of hearing.

Hint:

In nuisance law, the test is whether the interference is substantial and unreasonable — personal circumstances (like age or disability) may explain the conduct but do not remove liability.

Answer 1

The Correct Option is B

Step 1: Understanding the principle
- Nuisance in law refers to an unreasonable, continuous interference with another person’s enjoyment of their property.
- It can be due to noise, smell, vibration, or other disturbances.
Step 2: Applying the facts
- Ashok plays the radio very loudly throughout the day and every day.
- This loud noise prevents Raju from enjoying his TV shows in his own house.
- Even though Ashok is hard of hearing, his right to listen to the radio does not extend to disturbing his neighbour’s lawful enjoyment of his property.
Step 3: Elimination of incorrect options
- Option (1): Incorrect — While Ashok has a right to listen to the radio, that right is not absolute; it is limited by the rights of others.
- Option (3): Incorrect — Raju’s complaint is valid under nuisance law; he is not causing nuisance by complaining.
- Option (4): Incorrect — While sympathy for Ashok’s age is understandable, it does not override the legal principle protecting Raju’s property enjoyment.
Step 4: Conclusion
- The facts clearly show continuous disturbance caused by Ashok’s loud radio, which constitutes private nuisance under law.
- Therefore, Option (2) is correct.
\[ \boxed{\text{Ashok’s loud radio constitutes nuisance interfering with Raju’s enjoyment of his home.}} \]