( 1 ) THIS is a revision petition filed by the Petitioner against the order dated 9-4-1958 passed by the District Magistrate, Belgawn, in Criminal Revision Application No. D. C. /mga--4329, setting aside the order passed by the Sub-Divisional Magistrate, Belgaum City dated 30-10-1957 in Criminal Mis. Case No. 4 of 1956. In order to appreciate the arguments advanced, it is necessary to mention the facts of the case which may be briefly stated as follows:

( 2 ) THE houses of the parties are adjacent to each other. It is stated that there are four windows on the second floor and two windows on the third floor of the petitioner's house. The house of the respondents, which is adjacent to the western wall of the petitioner's house, has a low roof and the windows of the petitioner's house are above its level. The petitioner made an application to the Sub-Divisional Magistrate, Belgaum City under Section 147 Cr. P. C. complaining that the respondents wrongfully and unanthorisedly obstructed the use of the user to the free light and air by scaffolding his windows with tin sheets and has been asked to remove the obstruction and that the Respondents were threatening the petitioner. He alleged

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