JUDGMENT Cuming, J. - In the case out of which this Rule arises three persons, Nanda Lal Roy, Puliu Krishna Roy and Pradutuna Misser, were prosecuted under a bye-law made u/s 478, Calcutta Municipal Act, for allowing offensive matter to accumulate in a certain premises, namely 37 Chittaranjan Avenue South. Nanda Lal Roy and Pulin Krishna Roy were found guilty by the Magistrate and fined each Rs. 25. What happened to Pradumna Missir is not apparent from the record. 2. The two petitioners contend that they cannot be found guilty u/s 478 (29-5) of permitting the offensive matter to accumulate on the land. Their case is that they are the owners and under thorn there is a tenant, one Pradumna Misser, and that he is the person, if any, who is liable for any offensive matter having been accumulated there. It seems to me that the conviction of the two petitioners is bad in law. The land is let to a third person one Pradumna Missir, and ho is the person who has allowed the offensive matter to accumulate on the land. A person cannot be said to have '[allowed a thing to be done which is not in his power to prevent. The two petitioners could not have prevented Pradumna from allowing these offensive matters to accumulate on the land. It was not open to the two petitioners to go on the land or to insist that Pradumna should clean the land. The conviction therefore of the two petitioners is bad in law and must be set aside. The conviction and sentences are therefore set aside and the petitioners are acquitted.. The fines, if paid, must be refunded.