EMPEROR Vs. SALE MAHOMED HAJI AHMED

JUDGEMENT

(1.) The applicant in this case is the owner of certain premises at Don Tad street consisting of a ground-floor and three upper floors. At the top of the building there is a storage tank intended to supply water to the flushing tanks of the water closets below. It is admitted that in the present circumstances there is not sufficient pressure in the main for the water to rise to the storage tank, which, therefore, could only be kept filled with water brought up by artificial means.

(2.) On March 23, 1923, the applicant was served with a notice under the signature of the Deputy Health Officer, B-ward. The notice recited that upon inspection and examination it had been found that the water closets at the applicant's above-mentioned premises were not in good order or condition inasmuch as they were required to be kept in good order. That by itself is not very explicit. However the applicant was required within seven days from the service of notice to maintain such water closets in good order by pumping daily a sufficient quantity of water into the cistern from which the flushing tanks of the water closets were supplied. The applicant was warned that if he failed to comply with the requisition, he would be liable to the penalty prescribed by Section 471 of the Act as so amended, and his attention was specially drawn to Section 259-A of the said Act under which he was asked to employ a licensed plumber to execute or supervise the work therein described.

(3.) The applicant was then charged before the Chief Presidency Magistrate with not complying with this notice and was convicted and sentenced to pay a fine of Rs. 15.