Special Part, Illustrations. (10)

1. Z. has chemical works near A.’s land, the fumes from which kill or stunt vegetation on A.’s land and reduce its selling value. Whether the land is or is not rendered less wholesome for human habitation, Z. has wronged A..

2. If Z. has a house whose eaves overhang A.’s land, or if the branches of a tree growing on Z.’s land project over A.’s land, this is a nuisance to A., inasmuch as it interferes with his powers of control and enjoyment on his own property, and also tends to discharge rain-water on A.’s land.

3. Z. has a lime-kiln so near A.’s house that, when the kiln burns, the smoke enters A.’s house and prevents A. and his household from dwelling there with ordinary comfort. This is a nuisance to A..

4. Z., a neighbour of A.’s, causes bells to be rung on his land so loudly and frequently that A. cannot dwell in his house in ordinary comfort. This is a nuisance to A..

5. A., living in a street in Calcutta, complains of noises proceeding from the house of his neighbour Z. as being a nuisance to him. In deciding whether a nuisance exists or not, regard is to be had to the general habits of life of persons dwelling in cities.

Pre-existence of nuisance immaterial.56. A person who enters on the occupation of land or of a house with knowledge that a state of facts which causes or is likely to cause a nuisance to occupiers of that land or house exists or is likely to exist near it does not thereby lose his right to complain of any nuisance caused by that state of facts.

Explanation.—This section does not affect the acquisition or loss of any right under the Indian Limitation Act, 1877, or the Indian Easements Act, 1882.