SHIAM SUNDER SINHA Vs. KING-EMPEROR

JUDGEMENT

(1.) Ram Narain Singh filed an application on 6 March 1925, under Section 133 of the Criminal P. C. against the defendants.. His case was that there is a public path running east-west. To the south of the path, is a chabutra of Shivaji and a pacca well. There was a house of defendants to the north of the path. Defendants have pulled down that house and are building a new one. Defendants privy formerly was in the northern portion of the house. This time defendants have made a latrine which opens on the road. This latrine will cause much nuisance to the worshippers of Shivaji and to those persons who use the water of the well, as the latrine is very near the chabutra of Sivaji and the well.

(2.) The Court, after taking the statement of the applicant, asked the police to submit a report after local inspection and also to submit a map of the place.

(3.) The police reported that this latrine seems to be new. Its situation is a source of nuisance as it will be cleaned from outside This latrine is only 12 paces off from the well and the chabutra of Shivaji and is also close to the path. It will give trouble to the worshippers of the Shivaji and to the persons who use the water of the well.