Guwahati Court April 1957 Judgments

Rameswaralal Bhuramal Vs. Dwaraka Prasad ors.

Court: Guwahati

J.N. Datta, C.J.1. This is a revision petition and arises out of a proceeding Under Section 133 of the Criminal Procedure Code.2. The houses of the parties which are at Agartala stand in compounds adjoining each other and there stands a big and tall siris tree on the boundary between the two compounds. The tree belongs to the opposite party. On the S. D. M. being moved he came to the conclusion that the tree stood in such a condition that it might fall wholly or partly at any time on, the house of the petitioner under the stress of a' storm, and was therefore a source of clanger to the petitioner and his family who live there, and to others who visit on business the Petitioner who is an Advocate, Talukdar and public man.The S. D. M. therefore issued a conditional order on 30-4-56 directing the opposite party either to remove the tree within 4 days of the receipt of the said order or to appear personally before Sri. K. P. Datta, Magistrate 1st Class Agartala on 17-5-56 at 10 A.M. and t...