GOBIND SINGH Vs. SHANTI SARUP

JUDGEMENT

(1.) The respondent who is a partner of the Punjab Oil Mills, Khanna, filed in the Court of the Sub-Divisional Magistrate, Samrala, an application under S. 133 of the Cr. P. C. 1898 complaining that the appellant, who had been carrying on the occupation of a baker in the premises let out to him by the Mills had constructed an oven and a chimney which constituted a nuisance under S. 133 of the Code.

(2.) By an order dated Dec. 16, 1969, the learned Sub-Divisional Magistrate served a conditional order on the appellant under S. 133 (1) of the Code calling upon him to demolish the oven and the chimney within a period of 10 days from the date of the order and to show cause why the order should not be confirmed. After hearing the parties and considering the evidence led by them, the learned Magistrate made the conditional order absolute on June 18, 1970. While confirming the conditional order, the learned Magistrate however directed the appellant to cease carrying on the trade of a baker at the particular site and not to lit the oven again.

(3.) The appellant filed a revision petition against the order of the Sub-Divisional Magistrate under Ss. 435 and 436 of the Code. By a judgment dated Aug. 26, 1971, the learned Additional Sessions Judge, Ludhiana, disagreed with the order passed by the Sub-Divisional Magistrate and made a reference to the High Court of Punjab and Haryana recommending that since there was no evidence on record to show that the oven was enlareged by the appellant in the year 1969 as alleged by the respondent and since there was positive documentary evidence on the record to show that the particular oven was in existence for a period of 16 or 17 years, the order passed by the Sub-Divisional Magistrate should be quashed.