JUDGMENT

Wilson, J. - The order of the Assistant Magistrate must be set aside as made without jurisdiction. The order u/s 518 can only be made when it is necessary to prevent obstruction, annoyance or injury to the person or injury to human life, health, or safety or a riot or affray. Such an order cannot be made merely for the protection of property.

2. In the present case, taking the Assistant Magistrate's finding at the highest, it cannot amount to more than this, that the bund in question diminishes the supply of water to the land lying at a lower level.