First respondent is the owner of a storeyed building at Viyyur (Trichur) Different portions of it were occupied by tenants. Though the petitioner says that himself and respondents 2 and 3 are still continuing as tenants, the version of the first respondent is that the petitioner alone is continuing in the building while all others vacated fearing the dangerous condition of the building.

2. Alleging that the building is in such a condition necessitating action under Section 133(1)(d) of the Cr.P.C. the first respondent moved the Sub-Divisional Magistrate for action. After the requisite satisfaction the Magistrate initiated proceedings as M.C. 90/84 and passed a conditional order under Section 133(1)(d) and issued notice. Petitioner entered appearance and filed objection. After taking evidence the Magistrate passed the final order making the conditional order absolute. That order was challenged by the petitioner in Crl.R.P. 38/86 before the Sessions Judge, Trichur. Revision was allowed and the order was set aside. That order was the subject-matter of Crl.R.P. 423/86 before this court filed by the first respondent. The order of the Sessions Judge was set aside and the case