EMPEROR Vs. PIARI LAL

JUDGEMENT

(1.) ONE Piari Lal has been convicted of an offence under Section 274 of the United Provinces Municipalities Act of 1916 and sentenced to pay a fine of Rs. 20. He has applied to this Court in revision and contends that he is not an occupier of the building from which rubbish has been thrown into one of the streets of Muttra. The District Magistrate who upheld the order of the trying magistrate, in his judgement says "it is clear to me from the evidence on this file and connected municipal files that the late adhikari held Piari Lal responsible for the upkeep and cleanliness of the temple and all work connected with it." This, in my opinion, does not bring Piari Lal within the term occupier as used in the Act above mentioned. In Section 2, Clause (11), of the Act a definition is given of the word occupier and we are told that it includes an owner in actual occupation of his own land or building. Piari Lal certainly cannot come under this meaning of the word occupier. The definition, however, is not exhaustive, and it remains to be seen whether this word cannot be properly held to include a person holding the position of Piari Lal. No definition from any legal dictionary has been placed before me, and I have had to resort to the meaning of the word as ordinarily used in the English language. For this perhaps Mr. Murray is the bust authority, and on consulting his find that occupier is a person who takes or holds or is in actual possession of a piece of property such as house or land. This is the only meaning of the several meanings given in the dictionary which can in any way be applied to the present case. Even if the word occupier could beheld to cover Piari Lal because he is responsible for the upkeep and cleanliness of the temple and all work connected with it, all that we have on the record is that the late adhikari held Piari Lal responsible for this. There is a present adhikari named Chhagan Lal. There is nothing in the judgement to show that Chhagan Lal holds Piari Lal responsible for these several works. I am not satisfied that Piari Lal can in any sense be considered to be the occupier of this temple. The Municipal Act; is a penal Act and must be strictly construed in favour of the subject. The offence of which Piari Lal has been convicted is not established by the evidence. I set aside the conviction and order passed under Section 274 of the Municipalities Act. The fine, if paid, will be refunded.