Monday, May 26, 2025

Draft Plaint for Nuisance

 

Draft Plaint for Nuisance


IN THE COURT OF [COURT NAME]
[Jurisdiction]

Plaintiff:
[Your Name & Address]

Defendant:
[Defendant’s Name & Address]

Suit No.: [To be filled by Court]


PLAINT

  1. Parties

    • The Plaintiff, [Your Name], is the owner/occupier of the premises located at [address].

    • The Defendant, [Defendant’s Name], is the owner/occupier of adjacent premises at [address].

  2. Cause of Action

    • The Defendant has, over a period starting from [date], continuously caused nuisance by [describe the nuisance: loud noises, toxic fumes, blocking of access, encroachment, etc.].

    • Despite repeated requests, the Defendant has failed to abate the nuisance.

    • The nuisance has caused the Plaintiff physical discomfort, health problems, loss of peaceful enjoyment, and/or property damage.

  3. Facts

    • The Plaintiff has resided in/owned the property for [number] years without disturbance.

    • Since [specific date], the Defendant’s actions/omissions, including [describe details], have unreasonably interfered with the Plaintiff’s lawful use and enjoyment of the property.

    • Plaintiff has suffered damage and inconvenience, including [list damages: health issues, repair costs, mental distress, etc.].

  4. Legal Grounds

    • The Defendant’s conduct constitutes a private nuisance under Indian law, giving the Plaintiff the right to seek damages and injunctive relief.

  5. Relief Sought
    The Plaintiff prays for:
    a) A permanent injunction restraining the Defendant from continuing or repeating the acts of nuisance.
    b) Compensation for damages suffered by the Plaintiff, amounting to Rs. [amount].
    c) Costs of the suit.
    d) Any other relief deemed fit by this Hon’ble Court.


Place: [City]
Date: [Insert Date]

Signature of Plaintiff/Advocate
[Name]

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