ORDER

Mulla, J. - This is an application in revision by one Rai Sahib Moti Lal who has boon convicted u/s 307, U.P. Municipalities Act and has been fined Rs. 10. The conviction was recorded in the first instance by a Magistrate of the second class who imposed a fine of Rs. 100. The applicant wont up in appeal to the District Magistrate who upheld the conviction but reduced the fine to a sum of Rs. 10 only in view of the careless procedure adopted by the Municipal Board. The applicant then wont up in revision to the learned Sessions Judge of Bulandshahr who has again uphold the conviction and the sentence. Hence the application in revision. The facts of the case may briefly be stated as follows : In Win town of Khurja there is a block of 17 shops which was originally owned by one Mt. Jumni Kunwar. This property was put to auction sale in execution of a decree. It was sold in two lots : one of 10 shops and the other of 7 shops. The former lot was purchased by one Puran Mal and the latter by the present applicant. Prior to that sale however a notice u/s 211, U.P. Municipalities Act, had been given by the executive officer of the Municipal Board, Khurja, to Mt. Jumni Kunwar asking her to remove certain projections over the Municipal drain. Subsequent to the auction sale a notice was again given by the executive officer under that Section to the two purchasers, Puran Mal and the applicant. As an important argument in the case turns upon that notice it may well be set out in extenso as follows:

Under Section 211, U.P. Municipalities Act (Act 2 of 1916), Mt. Jumni Kuer, widow of late L Sohan Lal Vaish Churuwal of Khurja was served with a notice to remove the projection and structure overhanging and projecting over the Municipal drain from the shops in Bazar Nanpazan Sabzimandi; vide copy of the notice enclosed herewith. She wont in appeal against the notice to the Commissioner, Meerut Division, and her appeal was rejected. Since you have purchased some of these shops the compliance of the notice, so far as it relates to the shops in your possession, rests with you and therefore you are required to make the compliance of this notice within 30 days of the receipt thereof, failing which the Municipal Board may cause this work to be executed u/s 307(a) of the aforesaid Act and shall recover all expenses incurred by it thereon from you in the manner provided by Ch. 6 of the said Act and further legal action will be taken against you u/s 307(b) of the said Act, for failure to comply with the above notice.

2. An important point to be noted about this notice which shall have to be referred to again is that it does not relate to any specific shops in the applicant's possession. All that it tells the applicant is that he had purchased some of the shops belonging, to Mt. Jumni Kuer to whom a notice u/s 211, U.P. Municipalities Act, had previously been given and requires the applicant to comply with the terms of the said notice with reference to any shops that might be in his possession. The applicant filed an appeal from this notice to the Municipal Board under the provisions of Section 60, Municipalities Act. This appeal was-filed on 16th November 1936, though the notice referred to above was issued on 29th October 1936. An attempt was made by learned Counsel for the Municipal Board to argue the point that this appeal was barred by time and hence there was no valid appeal pending before the Board at any time. This point was however never raised by the Municipal Board in any one of the Courts below and I am not prepared to take cognizance of it at this stage. I shall assume for the purposes of the case that the appeal was validly filed before the Municipal Board. The fact remains that it was not decided by the Board until 8th November 1937 on which date it was dismissed and the notice issued by the Executive Officer was confirmed. In the meantime a dispute had arisen between the applicant and Puran Mal relating to the exact location of the shops r