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Mr. Inder and Mr. Devender were neighbors. Mr. Devender had a huge banyan tree in his garden. Mr. Inder often complained as to how the branches of the banyan tree reached his house and got tangled with the other electric wires at his residence. However Mr. Devender never paid any heed to any such grievances of Mr. Inder. On one rainy day, the overhanging branches of the Banyan tree got tangled with the wires at Mr. Inder’s house and as the branches moved with the flow of the heavy winds the wires got disconnected, resulting in a complete power failure at Mr. Inder’s residence. Will Mr. Devender be liable for the nuisance due to the inconvenience and disturbance that Mr. Inder had to undergo?
Yes. Mr. Inder had to suffer inconvenience due to the power failure caused by the overhanging branches at Mr. Devender’s residence.
Yes. Mr. Devender did not pay heed to any of the previous complaints by Mr. Inder.
No. The movement of the trees due to the wind was not Mr. Devender’s fault as he cannot control the course of nature.
No. Banyan tree essentially grows very dense with many branches. The interference of the branches with the electric wires was beyond Mr. Devender’s control.
Answers (1)
The Principles clearly state that discomfort of a person due to overhanging branches of trees, can amount to nuisance. In this factual situation due to the interference of the branches at Mr. Devender’s place, his neighbor had to suffer a complete black out. Hence, it will amount to nuisance. Hence the correct option is a.
