Order.- As interesting question of law under the Mysore Village Panchayats and Local Boards Act, 1959, hereinafter referred to as the “Act,” whether the plastering of walls and the flooring work amount to ‘erection’ or ‘re-erection,‘or ‘enlargement’of a building, as defined in section 2(9) of the Act, arises for consideration in this petition. The trial Court has come to a finding that the petitioner was plastering the walls and cementing the floor when the Chairman of the Village Panchayat inspected the house on 20th July, 1965. Nothing has been said to show that that finding is vitiated in any way. Section 2(9) of the Act defines erection, re-erection or enlargement of a building That includes: “(i) any material alteration or enlargement of any building; (ii) the conversion, by structural alteration, into a place of human habitation of any building not originally constructed for human habitation; (iii) the conversion of one or more places of human habitation into a greater number of such places; (iv) the conversion of two or more places of human habitation into a lesser number of such places; (v) such alteration of a building as would effect a change in the drainage or sanitary arrangements or materially affect its security; (vi) the additions of any rooms, building, out-houses or other structures to any building; (vii) the conversion by any structural alteration, into a place of religious worship or into a building used for a sacred purpose, of any place or building not originally meant or constructed for such purpose; (viii) roofing or covering an open space between walls or buildings, in respect of the structure which is formed by roofing or covering such space; (ix) conversion into a stall, shop, ware-house or godown of any building not originally construted for use as such or vice versa; (x) construction on a wall adjoining any street or land not vested in the owner of the walla door, opening on such street or land.” The examination of the various clauses of this section shows that whether it is a case of alteration, conversion, addition or covering, it has reference only to some structure or building. It is difficult to hold that plastering of walls and commenting, the floor would amount to alteration, conversion, addition or covering of the building. It is difficult to hold that plastering of walls and commenting, the floor would amount to alteration, conversion, addition or covering of the building. If the contention of the Village Panchayat were to hold good, then it would result that even whitewashing a building would need the permission of the Village Panchayat under law. That is not what the Legislature intended. Although, the definition of erection, or re-erection or enlargement of a building in section 2(9) of the Act is not exhaustive, plastering of walls and cementing the floor do not fall within the definition. I would for the, above reasons, think that the learned Magistrate was in error in coming to the conclusion that the petitioner had committed an offence punishable under section 235(1)(a) and (1)(c) of the Act. I, therefore, set aside the conviction and sentence passed against the petitioner and allow this petition. The fine of Rs. 10 imposed on him, if paid, shall be refunded to him. S.V.S. ----- Conviction set aside; petition allowed.