SYED JAFFAR Vs. SYED AHMED

JUDGEMENT

(1.) This petition is disrected against the order dated 24-9-1979, passed by the Metropolitann Magistrate, VI Court, Bangalore City in C.C. No. 608 of 1979 dismissing the complaint as being not maintainable.

(2.) The facts of the case are : that the complainant petitioner herein, filed a private complaint against one Syed Ahmed alleging that he has converted a part of the residential premises into a non-residential premises and that he has also sublet a portion of the same illegally. He has further alleged that one Wahidunisa Begum is the landlady of the premises in question and that the complainant is employed by her and he has been authorised to file the complaint. It is under these circumstances that the complainant alleged that the accused has committed offences punishable under Section 11(3) and 23(2) of the Rent Control Act, 1961 (which will hereinafter be called the Act)

(3.) The accused raised a preliminary objection that the Court has no Jurisdiction to entertain a complaint by a private person for such offences. In other words the objection of the accused was to the effect that a private party, as in the instant case the complainant cannot file a complaint as it is the Controller or any other officer authorised by the State Government in that behalf who only can prosecute any person for contravention of any of the provisions of the Act or the Rules framed thereunder. After hearing both the sides, the learned Magistrate upheld the preliminary objection of the accused and accordingly did not entertain the complaint. It is the legality and correctness of the said order that is being challenged by the complainant in this petition.