DIVISION BENCH
Before Ellis and Amin Ahmed, JJ.
AZIZ-UR-RAHMAN and others – Petitioners
versus
MANIK-UD-DIN AHMED– Respondent

Criminal Revision No. 9 of 1948, decided on 7th April, 1948.

Criminal Procedure Code (V of 1898), S. 133 – Tree standing on boundary of petitioner’s tank and other party’s house likely to fall and cause damage to wall and cook-shed – Whether public nuisance.

The tree on the bank of the tank which forms the common boundary of the petitioner’s tank and the opposite party’s house does not fall within the definition of public nuisance, nor can it be said that if it falls it is likely to cause injury to persons living or carrying on business in the neighborhood or passing by, merely because if it does fall, it is likely to cause damage to the opposite party’s boundary wall and cook-shed. In that event, of course, the opposite party would have his remedy otherwise, but he case does not call for an order under section 133 of the Code of Criminal Procedure. [p. 45].

M. H. Khondkar, for Petitioner.

Mahendra Kumar Ghose, for Opposite Party.