Decided on August 25,1965

Abdul Habib Respondents


H.C.P. Tripathi, J. - (1.)THIS appeal by leave under Section 417(3) of the Code of Criminal Procedure is directed against an order of acquittal passed by the learned Sessions Judge of Hamirpur on appeal in a case under Sections 298 and 299 of the U.P. Municipalities Act.
(2.)THE Respondent Abdul Habib was prosecuted on a complaint filed by the Municipal Board, Rath for having committed breaches of two of the byelaws framed by the Municipal Board under Section 298(J) and (C) of the Act. One of those byelaws was that:
No person shall occupy or use any land or building, belonging to or vested in the Committee or under its control, unless he has received a lease thereof or written permission from the President.

The other byelaw for the breach of which the Respondent was proceeded against runs as follows:

Every person to whom a lease of a land or building belonging to or vested in the Committee or under its control is given, shall be required to execute the lease or agreement deed within 15 days from the date on which the grant of a lease is communicated to him.

Before the trial Magistrate the Respondent had pleaded that as the Municipal Board had failed to give him possession over the platform which was auctioned in his favour and the barber who used to occupy the same in previous years had continued in possession the consent of the Municipal Board on paper to give lease of that platform to the Respondent had remained ineffectual and, therefore, the question of his executing a deed of lease did not arise.

(3.)ON an assessment of evidence the trial Magistrate held that the Respondent did not get possession over the platform aforesaid in pursuance of the auction held in his favour and, therefore, he was not guilty of having committed a breach of byelaw No. 1. He was, however, of opinion that although the Respondent was not delivered possession of the platform be infringed byelaw No. 2 when he did not execute the lease or agreement deed within 15 days of the notice issued to him by the Municipal Board for the aforesaid purpose. He, therefore, convicted and sentenced him to pay a fine of Rs. 50/ -.

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