Rohan and Hrithik are neighbours and they are not on good terms with each other. Rohan, knowing the fact that Hrithik always has a night shift and sleeps in morning maliciously uses his garden cleaning machine in the early hours of morning everyday to disturb him.
Rohan is liable for nuisance.
Rohan is not liable for nuisance.
Rohan is liable because he is maliciously disturbing Hrithik.
Rohan is not liable because malice does not matter in nuisance. Furthermore, using a garden cleaning machine in the early hours of morning is a perfectly normal conduct.