An 82-year-old pensioner has been branded a yob after playing his televison at top volume to drown out his neighbour's crooning.

Elderly John Kirkpatrick has been threatened with up to six months in jail if he does not quit warring with his club singer neighbour Tommy Dunn, 65.

The pensioners live in adjoining retirement bungalows and each claims the other has waged a vendetta aginst the other - which has wound up in the courts.

Disabled Mr Dunn, who has had both legs amputated, would belt out repeated renditions of Ten Green Bottles, the National Anthem, and Jumpin' Jack Flash and enjoy wild Saturday night parties every week, Mr Kirkpatrick said.

But council officials who investigated found it was Mr Kirkpatrick who was making the noise - blasting his neighbour with daytime TV and the radio all day and into the night.

The 82-year old, who lives with his 55-year-old son, also John, received an ASBO when the case was heard at Carlisle County Court.

A judge imposed the injunction on Mr Kirkpatrick and his son after they admitted repeatedly blasting the home of their disabled neighbour Tommy Dunn with radio and TV noise.

They claimed the aural assaults 'retalliation' for years of loud noise from Mr Dunn's Peel Street home, off Newtown Road, Carlisle.

Council officials who investigated found no evidence to the claims.

But Mr Dunn's landlord, Carlisle Housing Association, proved the Kirkpatricks spent weeks bombarding the wall between their bungalow and Mr Dunn's with unrelenting hours of top-volume television and Carlilse FM radio broadcasts.

The Kirkpatricks, who own their bungalow, had a similar dispute with a previous tenant - who moved out.

And the court proceedings have landed them with a legal bill of more than £2,000.

Mr Dunn, 65, a retired road worker and Club Compere, who has had both his legs amputated said: "I havent had a proper night's sleep in the last three years.

"It all started with them banging on the walls. They keep saying I have wild parties and I have women in here singing but there's not a shred of truth in it - I lead a quiet life.

"But I've had all kinds of noise from next door - mainly CFM.

"Its starts at 8am and goes on till after ten at nght.

"At one point I was on the point of doing myself in. They never speak to me and I never speak to them."

But he vowed he would not be moved.

"They will not get me out of hrere - I'm staying put. I don't know what I've done wrong."

The Kirkpatricks are adamant they have done nothing wrong. Mr Kirkpatrick junior said: "My father could go to jail for playing his radio or TV. Dunn had been making noise for two and a half years.

"We have spent £5,000 on soundproofing. We tried to get him prosecuted but they would not allow it.

"The council did nothing so we started playing music back.

"He didn't like it so he took us to court.

"What happened is unfair - it is ruining our lives.

"I lived away for three months because I couldn't stand it. I've been in hospital through stress. We have asked for mediation but he won't have it. I suppose we will have to put up with it till he dies."

Mr Kirkpatrick senior added: "I have been sleeping with earmuffs on. I have been here 25 years and I'm not moving."

Stephen Harrison, of Carlisle housing association said: "This is the first time we have taken out an ASBO injunction against a home owner and it demonstrates we can nowprtect tenants from the antisocial behaviour of owner occupiers.

"We have investigated this for three years and found no evidence against our tenant."

Bachelor Tommy Dunn said yesterday: "I used to be a compere in the clubs but I was never a singer. "In introduced people who could sing, if I'd been able to do that myself I would have been on the stage.

"I don't know why they have suggested I singing at the top of my voice all the time, it's nonsense.

"They also complained about me saying I had wild parties on Saturday nights.

"I'm an old fella and I've lost both my legs to infections in the last five years - I don't have wild parties.

"As for women singing in my house until all hours - a chance would be a fine thing.

"It's all rubbish but I have been put through hell by these people.

"The racket of their TV and radio and their banging and shouting was recording for three solid hours one night.

"That's what I have to live with day after day, I barely sleep and it's affecting my health as well.

"I'm over the moon he's been given an Asbo, they're normally handed out to young hooligans but there's no harm in dishing them out to an old one as well."