This is a revision against an order of the Magistrate passed in proceedings under sec­tion 147 of the Criminal Procedure Code. The opposite party, Sri Kaliram Burman, hereinafter referred to as the first party, made a petition under S. 147, Cr. P. C. Police report was called for and proceedings were drawn up on 31-7-1958. The first party contended that there was a serious appre­hension of a breach of the peace with regard to the construction of a brick wall within 11/2 feet of the first party's dwelling house. The wall is 6 feet or 7 feet high and is obstructing the air and light from the window of the bed rooms of the first party which he continuously enjoyed for the last 28 years.

During the rains, water falling on the new wall enters the room of the first party through the window inside the bed room which caused great annoyance and discomfort to the first party. The wall is further said to have been constructed on the land of the first party and has caused considerable damage to the house of the first party blocking the passage by narrowing it down to 11/2 feet which was used by the first party for the purpose of repairing the walls of his house. Notice was served on Musst. Brmba

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