P S SUNDRAM Vs. S VARSHASWAMI

JUDGEMENT

(1.) A complaint under sections 426, 430 of the Indian Penal Code and under section 45 and 48(4) of the Delhi Rent Control Act 1918, was filed on 24th August 1974, in the court of a Magistrate, by S. Varahaswami against his landlord, P. S. Sundram, petitioner herein, on the allegation that the accused had cut off the supply of electricity and water in the tenanted premises on 5th June 1974.

(2.) After recording preliminary evidence under Section 202 of the Code of Criminal Procedure, of the complainant, who appeared asPW 1, and three other witnesses on his behalf, the learned Magistrate vide his order dated 15th March, 1975, summoned the accused, petitioner herein, for an offence under section 426, Indian Penal Code only. It was noticed in that order that the complainant did not press for the summoning of the accused under section 430, Indian Penal Code and section 45 of the Delhi Rent Control Act.

(3.) The case of the complainant is that he was a tenant under the petitioner herein in the first floor of house No. C-25, South Extension Part I, New Delhi, since September, 1969, on a monthly rent of Rs. 240.00 . The ground floor ot that house was in the occupation of the landlord, that the landlord was bent upon in having the tenanted premised vacated, for that purpose he had not only filed eviction petitions against the complaint but had also been indulging in unlawful acts of harassing, humiliating and coercing the complainant in vacating the premises in question. The complaint was .primarily based on the allegations contained in paras 5 to 12 of the complaint which paras read as under:-