DALICHAND Vs. C SANTHOSH AGARWAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment and order dated 24-12-1998 of the High Court of Judicature at Madras passed in Criminal O.P. No. 8926 of 1997. From the lengthy judgment written by the High Court it appears that respondent No. 1 has taken undue advantage of the proceedings under Section 482 of the Cr.P.C. However, for the dismissal of this appeal various proceedings, orders and arguments referred to by the High Court are not required to be dealt with now as the matter has reached only at an early interim stage of the litigation.

(3.) It is the say of the appellants that on 28-6-1978, appellant No. 1 entered into an agreement with one Smt. Sakunthala in respect of a portion of the space at Door No. 7 Hanumantha Rayan Koil Street, Chennai for tenancy for residential purpose. In October, 1987, the tenancy was converted for both residential and non-residential purpose. On 17-10-1996, the appellants received a letter from the respondents Nos. 3 and 4 claiming that they had purchased the premises in question by a registered sale deed dated 16-10-1996 and informing that the monthly rent be remitted to them. Admittedly, the appellants confirmed the same with the land lady. It is the case of an appellants that respondents Nos. 3 and 4 did not accept the rent from them with the result the appellant sent the rent by way of demand draft on 30-12-1996 for the months of October and November, 1996 and again by way of pay order on 17-3-1997 for the months of December 1996, January and February, 1997 with advocate's notice. It is the further case of the appellants that on 5-7-1997, they left the premises locked for going out from Chennai and next day when they returned, the found that the premises were opened and stock worth Rs. 1,73,823/- was missing. On 9-7-1997, a cheque for a sum of Rs. 4400/- being rent for March to June, 1997 was sent along with Advocate's notice and a complaint was lodged with the police, but the police refused to accept the same on the premise that it was a civil dispute. On 10-7-1997, the appellants filed a suit for injunction bearing O.S. No. 4705 of 1997 before the City Civil Court, Madras against respondents Nos. 3 and 4.