HAUSALA BUX SINGH Vs. PREMBALA

JUDGEMENT

(1.) This petition has been moved by the applicants to quash the proceedings under Section 147, Cr.P.C. pending in the Court of City Magistrate, Lucknow against them at the instance of opposite party No. 1.

(2.) The relevant facts are that the applicants and opposite party No. l are in possession of two adjoining portions which were initially part of one house but later on, the heirs of the original owner transferred their respective half shares to the two sides. The applicant's wife purchased the eastern portion while the husband of the opposite party No. 1 purchased the western portion. There was an intermertiary wall between the two. The applicants are father and son. In their portion there was a Barotha (portico). It was through this Barotha that the main door of the portion of opposite party No. l opened and thereafter they went out through the northern door.

(3.) According to the case of the applicants, a latrine of the old type, i.e. service latrine existed in this Barotha but as a sewer line was made available to this area, the applicants decided to convert it into flush latrine. Accordingly they converted the latrine into flush latrine, and dug a soak pit and connected the same with the sewer line passing fust outside the main door. It is said that opposite party No. 1 was hot reconciled to their converting the latrine into a flush one and so she initiated proceedings under Section 147 Cr.P.C. against them.