EMPEROR Vs. JAFFER CASSAM MOOSA

JUDGEMENT

(1.) The applicant has been convicted by the Presidency Magistrate, Second Court, Bombay, under Section 248, Sub-section (1), of the City of Bombay Municipal Act, and sentenced to pay a fine of Rs. 25.

(2.) The applicant is the estate manager of His Highness the Agakhan, and works under a power of attorney from his master. The Bombay Municipality served him with a notice to provide certain water-closet accommodation in respect of certain premises belonging to His Highness the Aga Khan and known as Adelphi Chambers at Clare Road, Byculla. About the same time, it appears, the Bombay Municipality served a similar notice upon one Nowroji Bhathena who is said to have been at the time the lessee of those premises. Default having been made to comply with the notice, the Bombay Municipality, through the Municipal Commissioner, launched a prosecution against both the applicant and Nowroji Bhathena, After several adjournments, the Municipal Commissioner withdrew the case against Nowroji Bhathena on December 18, 1927, and proceeded thereafter only against the applicant.

(3.) The applicant contends that he is not bound to carry out the requisition contained in the Municipal notice for two reasons: (1) that at the date of that notice, tin premises were leased to Nowroji Bhathena under the terms of a lease which inter alia provided that the lessee will do at his own costs, charges and expenses all work that may be required to be done by the Municipality in respect of water-pipes, drainage and sanitary condition of the premises; and (2) that the Municipality are bound to give to the applicant the benefit of a certain subvention scheme sanctioned by the Municipality in respect of the construction of such water-closets and that they have refused to do so.