Seat no.

- 454590
Seat no in words- four lakh fifty four thousand five hundred ninety
Semester II
LAW OF TORTS

Answer 2

The wrong been discussed in the hypothetical situation is trespass to land.

Trespass quare olasum fregit which means entry on another’s land
TRESPASS TO LAND is an offence under the Indian penal code section 441 provided the
requisite intent is present.

Trespass to land is an offence under the law of tort in which there is an

intentional or negligent, unlawful entry upon or direct interference with the land
which is in possession of other

In case of trespass to land,the the action extends to the air above the land and
the sub-soil beneath it. Therefore, it can be land, any part of the land, and any
structure on the land.

Characteristics of trespass
o It is an Interference with the Sole or Exclusive Possession of Another
Without Lawful Justification
o Trespass is Actionable Per Se
o Trespass ab initio

Factual situation
Rahul was running a mixed farm a part of which was used by the people as a
shortcut. He had put up a board saying that all trespassers shall be prosecuted. He
however sometimes tolerated the people on the grounds of prior approval, one day
Aman for the first time used the short cut to get to the bus stop and was attacked
by a cow belonging to the farm and Aman sued Rahul for the same.

The characteristic to be involved in the above hypothetical situation is

INTERFERENCE WITH THE SOLE OR EXCLUSIVE POSSESSION OF ANOTHER WITHOUT LAWFUL
JUSTIFICATION.

Essentials to constitute the tort of trespass to land

o Entering upon the land of the plaintiff

A person entering upon the land of another is said to commit the tort of
trespass.However, Entry must be voluntary. If the entry is involuntary there is no
trespass.

o Every interference with the land is deemed constructive and amount to

trespass

When any person interferes with the land of another it is deemed to be a

constructive entry.

o If a person, who has lawfully entered on the land of another, remains there
after his right of entry has ceased, he commits trespass.
This means that any entry upon the land of the another, after a prescribed period
of time for which the person has lawfully entered, is said to commit trespass to
the land of another.

ANALYSIS

 Entering upon the land of the plaintiff

Aman in this case entered upon the land of the plaintiff. Aman entered upon the
land voluntarily to reach to the bus stop and thus his interference was not
justifiable

In the case of BASELY V. CLARKSON (1681) 3 LEV 37, The defendant cut and carried
away some grass from his neighbour’s strip of land. The claimant alleged trespass.
The court held that this was trespass even though it was carried out by mistake

 Every interference with the land is deemed constructive and amount to

trespass

Even if Aman used the shortcut for the first time, his interference will be deemed
as constructive which interferes with the Rahul’s right to land and will thus
amount to trespass.

In the case of ABDUL GANI V. SADU RAM AND OTHERS, (1978) ILR 28 RAJ 42, Discharge
of filthy water on plaintiff’s land from a spout in defendant’s house is trespass

 If a person, who has lawfully entered on the land of another, remains there
after his right of entry has ceased, he commits trespass.

In case of KONSKIER V. B GOODMAN LTD. [1928] 1 KB 421, A builder had permission

from the possessor of a building to leave rubbish there while demolishing part of
it. During the currency of this license, C became tenant of the building and was
held entitled to recover in trespass from the builder when the latter did not
remove the rubbish after the expiry of the license.

Relying on the case laws above and taking their precedent to apply it to the
factual situation above, it can be held that the action of Aman against Rahul would
fail.