Torture through sleep deprivation; contravention of article21 and land deed(deed of conveyance)

This might sound silly but became a serious issue when it started to affect my health; We have a ownership flat in a residential building and have 2 flats in each floor with division in between ; and we are living in a Bengali dominated area where we are the only Non Bengali in our building. I and my neighbor live at the 3rd floor and above that is the roof(terrace) The problem starts where a senior citizen (male) family member of the neighbors family starts jogging and running on the terrace (ONLY AT THE TOP OF "OUR" FLAT THAT MEANS HE JOGS DIRECTLY AT OUR FLAT'S CEILING AND DOES NOT EVEN STEP AT "HIS" FLAT'S SIDE THAT IS HE DOES NOT EVEN GOES TO RUN , NOT EVEN WALKS AT THE PORTION IF THE TERRACE THATS DIRECTLY ABOVE HIS FLAT BUT RATHER CREATES A NUISANCE "ONLY" AT THE PORTION OF THE TERRACE WHICH IS DIRECTLY ABOVE MINE FLAT) and he does that right at 5:00 clock in the morning that too on a daily basis, he spares no day when the breaks our sleep and directly jogs at the terrace directly above our flat and his family members doesn't even know about it because the man is so smart and wicked that he doesn't jogs on the terrace above his flat; This has been continuing for about a year and is seriously started to affect me and my family's health. On requesting the person personally he sometimes shifts the time from 5 to 6 or 6:30 but he never spares a day where he doesn't jogs. And sleep is such that once it breaks , we aren't able to sleep again. Factors:- 1.On talking to the concerned person he doesn't listen and on the other hand he tries to threaten us that we can do what ever we can do but nothing can stop him and tells that his son is a very sourceful person who can handle anything. 2. If we try to take on ourselves in solving the matter and we start to run like the same way the concerned person does , We are suspicious that it can make matters worse as His son is a sourceful guy and will lodge a false case against us. 3.on requesting to the building association , to tackle the matter as I mentioned the majority being bengali and being left as a non Bengali my self , they don't even hear our issue and start favouring the other person Questions? 1. Is is the permissible time that a person can disturb our sleep at 5:00 - 6:30 am 2. If filed a suit against the concerned person (senior citizen) will the case be favourable for the other person because he will play the senior citizen card and will pleade that regarding health is jogs which is actually not the case. 3. Can a formal legal case be filed against such person 4.if yes then we need to gather evidence; in such a case what king of evidence should we gather? 5. We also have a female family member so can it be favourable for us in any kind. Please help