1927 Present: Drieberg A.J.

HORAN v. NARAYAN CHETTY.

435-M. C. Colombo, 1,226.

Housing and Town Improvement Ordinance-Closing order served during lease.-Allowing the house. to be used for human habitation- Liability of owner-Ordinance .No. 19 of 1915,  s. 79.

The owner of a house, who had leased it on an indenture Wore a closing order was made in respect of it, cannot lie convicted under section 79 (1) of the Housing and Town Improvement Ordinance of having allowed the house lo be used for human habitation during the period of the closing order.

APPEAL from n conviction by the Municipal .Magistrate of Colombo.

Navaratnam, for accused, appellant.

Keuneman (with Villava Rayen), for respondent, complainant

September 12, 1927. DRIEBERG A.J.?

This is an appeal by the accused-appellant from a conviction under section 79 (1) of the Housing and Town Improvement Ordinance, No, 19 of 1915, of having allowed certain dwelling houses to be used for human habitation while a closing order was operative. The accused has been fined Rs, 200, and a further sum of Rs. 10 a day from July 27, 1927, so long as the houses are occupied while the closing or