MUNICIPAL COMMISSIONER Vs. MATHURADAS GOKALDAS PASTA

JUDGEMENT

(1.) This is a reference under Section 432 of the Code of Criminal Procedure by the Second Presidency Magistrate of Bombay.

(2.) The question of law referred arises upon the construction of Clauses 1 and 2 of Section 379A of the Bombay Municipal Act (III of 1888) as amended by Bombay Act V of 1905, and is as follows:- When the owner of a building has let his rooms separately to individual tenants, and these cause overcrowding, is the notice, to abate the same, to be given, under Section 379A (1) of the Bombay Municipal Act, III of 1888, to the owner or to the tenants

(3.) Our answer is, the notice must be to the owner.