Thursday, 31 October 2019

How to appreciate evidence if there is allegation that tenant is causing Nuisance to adjoining occupiers?



15. As regards the case of nuisance, Section 16 (i) (c), inter alia, declares that conduct which is a nuisance or annoyance to the adjoining or neighbouring occupier by the tenants or others under him, is the ground for eviction. The nuisance, apparently, is attributed to the period of time when business of fast food was being carried out. We have noticed the findings of the Trial court. The evidence of none of the neighbours, be they any of the shopkeepers in the building itself or otherwise, is forthcoming. Details, as such, thereof are not seen established. The original Plaintiff who resided in the same building has not given evidence. The evidence essentially constitutes of the deposition of PW1, the son of the original Plaintiff and the complaint in writing. Admittedly, he does not reside in the building. He resides elsewhere. No doubt, his evidence that when he came to visit his mother and he would go around, is relied upon to conclude that he has experienced nuisance and that nuisance is established. We would think that having regard to the serious consequences which arise out of ground of nuisance, being established, the facts of this case may not justify eviction of Appellants on the said ground. In fact, the High Court has not independently gone into the matter and it has affirmed the findings of the Appellate Forum. These findings, we have adverted to. We do not think that there was justification for the Appellate court or the High Court to sustain eviction on the ground of nuisance.
IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4268 of 2019

Decided On: 08.05.2019

Nilesh Laxmichand  Vs.  Shantaben Purushottam Kakad (Since Deceased) by L.Rs.


Hon'ble Judges/Coram:
Ashok Bhushan and K.M. Joseph, JJ.

Citation: (2019) 6 SCC 542.
Read full judgment here: Click here
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