- (1.) This application in revision has been filed by Shri Sansar Kirti Saran (who will hereby be described as the applicant), and it is directed against an order made by the City Magistrate of Moradabad, in a proceeding under Section 133 of the Code of Criminal Procedure, initiated by Sahu Shivraj Saran (who will hereby be described as the opposite-party) on February 2, 1950.
(2.) The opposite-party is the owner of a double strayed building in mohalla Chaumukhapul in the city of Moradabad. In July, 1941. he had let out a portion of the said building, in the ground floor. to the applicant, who established therein a printing press known as the Prabhat Press'. The machines installed in the press are worked by one horse power electric motor.
(3.) On February 2, 1950, the opposite party filed an application in the Court of the City Magistrate of Moradabad stating that the press was being worked until mid-night, and the sound created by the working of the machinery had rendered it impossible for the occupants of the building and of the houses in the neighborhood to have sound sleep in the night and that the same was causing injury to their health and also physical discomfort. He further stated that the applicant was working the press during the night against the provisions of the Shops and Commercial Establishments Act. The applicant denied these allegations.;