STATE Vs. VISHWAS SHAMBHURAO DATAR

JUDGEMENT

(1.) THESE are two references made by the Second Additional Sessions Judge, Poona, in a case arising under the Bombay Provincial Municipal Corporations Act, 1949. As the question raised is of some importance, it would be necessary to mention some relevant facts.

(2.) A house in Poona, bearing No. 78, Budhwar Peth, belongs to one Vishwas Shamburao Datar. A portion of the house is in the occupation of his sister, Mrs. Kusum Krishna - rao Joglekar and another room in the remaining portion of the house has been let out to one B.D. Inamdar. It appears that there is a common bath room in that house which is meant for the use of the tenants and there is also a separate bath room which is available for use in respect of the block occupied by Mrs. Joglekar. It seems that Inamdar was allowed the use of that bath room for some time but in course of time he was prevented from using the same upon the ground that by keeping it open Mrs. Joglekar had lost some of her pots in the bath room. Accordingly, Mrs. Joglekar locked the bath room and prevented the Inamdar family from using the same.

(3.) THE accused denied that they had committed any offence and contended that Inamdar had no right to use the bath room because it was only as a matter of courtesy that the Inamdar family was allowed the use of the bath room for some time. It was admitted that Mrs. Joglekar had locked the bath room and disallowed its use to Inamdar, but her contention was that she had every right to do so.