CASE COMMENTARY ON DR. RAM RAJ SINGH V. BABULAL (AIR 1982 ALL 285)

Author – GOWRI R NAIR, Student at MAR GREGORIOS COLLEGE OF LAW

Best Citation – GOWRI R NAIR, CASE COMMENTARY ON DR. RAM RAJ SINGH V. BABULAL (AIR 1982 ALL 285), Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 95-99,  APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The given case that is Dr. Ram Raj Singh v. Babulal is based on the principle known as “nuisance”. The word nuisance originates from the Latin word “nocumentum” of which the French equivalent is “nuisance” which means no more than harm. Nuisance as a tort means an unlawful interference with a plaintiff’s use or enjoyment of land without physically entering into one’s property that is without a direct act of trespass. The interference can be in any way. It can be noise, vibrations, heat, smoke, smell, fumes, water, gas, electricity, disease-producing germs e t c…. Nuisance as tort law protects the citizens against discomfort. Nuisance can be distinguished from trespass. Trespass is a direct physical interference with the plaintiff’s possession of land through some material or tangible objects. In nuisance, there is unlawful interference without entering into one’s property. For example, if one plants a tree on another person’s land it is trespass whereas, if one plants a tree on his land and the roots or branches from the tree grows into or over another person’s land then that is a nuisance.