FAKIR CHAND SAO Vs. EMPEROR

JUDGEMENT

(1.) The petitioner has been convicted under Section 427, Indian Penal Code, and fined Rs. 300, on a finding on the following facts: He built a house on his own land up to the border of the land. Thereby he interfered with a pakka drain leading westward on to his land from the compound on the east in which there is the temple of the complainant. The temple and drain appear to have been built about seventeen years ago. It is not shown that there was previously any right of easement on to the petitioner's land from the complainant's plot by way of sending away the surplus water of the latter's plot.

(2.) It is found that as a result of the petitioner's building, rain water was retained on the complainant's plot with the result that after some months the constructions in connexion with the temple cracked, in particular a chabutra and the temple walls. It is argued by Mr. B P. Sinha that no offence was committed under the Indian Penal Code. In my opinion, that goes without saying. The petitioner had no intent to cause or knowledge that he was likely to cause wrongful loss to his neighbour on the east.

(3.) He used his own land for a certain purpose to which it could be validly put and when the owner of the temple could no longer dispose of his water on to the petitioner's plot, it behaved him to make such other arrangement as seemed to him to be advisable. The action of the petitioner does not come within the provisions of Section 427, Indian Penal Code. The rule is made absolute and the conviction and sentence are set aside. The fine, if paid, will be refunded.