MAYA DEVI Vs. BHAGAT SINGH BEDI

JUDGEMENT

(1.) This is petition under section 482 of the Code of Criminal Procedure praying that the proceedings under section 145, Criminal Procedure Code, pending in the Court of Kumari L. Khiangte, Sub- Divisional Magistrate, Patel Nagar, be quashed.

(2.) Petitioner No. I Maya Devi, is the owner of a house No. E-39, Kii Nagar, New Delhi. Petitioner No. 2 and petitioner No. 4, 0m Parkash Sikka and his wife respectively are the son and daughter-in-law of Maya Devi. Ramji Dass Kapur, Petitioner No. 3 is the attorney of Maya Devi. The respondent, Bhagat Singh Bedi, is a tenant in a part of the abovementioned premises.

(3.) It is perhaps pertinent to place the background of this case, which is chequered. Maya Devi went abroad to live with her son, who was posted outside India. Some time in October, 1979 Maya Devi, through her attorney, Ramji Dass Kapur, let out a part of the said first floor premises to Mr P P. Talwar. The portion let out on the first floor consisted of three rooms) one kitchen, bath room and two toilets. From the application under section 21 of the Delhi Rent Control Act, 1958 and the map annexed thereto, it was apparent that one bed room on the first floor measuring 13' x 13.6' with a store annexed measuring 3.6' x 9'.4' 'was retained by the landlady. Subsequently, as the premises were no longer required by Mr. Talwar, the premises were let out to Mr. Inderpal Singh Bedi (since deceased)/Bhagat Singh Bedi on 8th December, 1979. The abovementioned room with attached store continued to remain locked and in the possession of the landlady.