AIR 1935 SINDH 46

Sindh High Court

Hon'ble Judge(s): O' Sullivan, Lobo , JJ

Tort - Private nuisance - Person causing it is liable for damages - Maxim - "Sic utere tuo ut alienum non laedas" applies. Where a person comes to Court complaining of a private nuisance injuriously affecting him by physically injuring his property and interfering materially with his health, there is a real cause of action and such a cause of action is well recognized in law and is based on the maxim "sic utere tuo ul alienum non laedas." The occupier of a house is liable for allowing the continuance on his premises of any artificial work which causes nuisance to a neighbour. Where the pit or well and boring pipe in the court-yard of the respondent's house were an artificial work maintained by him in his premises and water collecting in the unfilled pit had percolated through the soil and caused damages to the appellant's wall : Held : the respondent was responsible for this damage, and the only remedy which1 the appellant could effectively have against his damage is a mandatory injunction : 28 Bom 472, not Foll.; 1932 All 573, Broder v. Saillard, (1876) 2 Ch D 692, Folk : Other cases referred.(Para 47C1,2 48C1) .....