MADHO DAS Vs. REX

JUDGEMENT

(1.) This is an application against an order of a Magistrate passed under Section 310., U.P. Municipalities Act.

(2.) By a notice dated 23 October 1948 issued under Section 263 (1) (a), Municipalities Act Maharaj Bahadur Singh as owner of house No. K25/27 was directed to make certain constructions or to demolish certain portion of that house on the ground that that portion of the house had become dangerous to the public safety. The house itself was in the occupation of the applicant, Madho Das, who claims to be occupying it as a tenant of Maharaj Bahadur Singh.

(3.) Adya Prasad, claiming to be a pairokar of Maharaj Bahadur Singh, applied to the City Magistrate of Banaras on 25 October 1948 for an order directing Madho Das to vacate the house so that the notice issued by the Municipal Board might be complied with. The case was transferred to a Bench of Honorary Magistrates. On 21 January 1949 the Bench passed the following order: No sufficient cause shown. It is sufficient that the Board has ordered the owner to demolish the house, We, therefore, order the occupier, Madho Das to vacate the house within a week. Put up on 31 January 1949 for further orders in case the opposite party refuses to vacate. Applicant, Madho Das, has come up in revision against this order.