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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.

Option: 1

Rohan is liable  for nuisance. 


Option: 2

Rohan is not liable for nuisance.


Option: 3

Rohan is liable because he is maliciously disturbing Hrithik. 


Option: 4

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.


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