JAISUKHLAL MOHANLAL Vs. SHANTILAL UMEDRAM

JUDGEMENT

(1.) This revision application is directed against the order of the learned City Magistrate 9 Court Ahmedabad convicting opponent No. 1 Shantilal Umedram Bhavsar of an offence under sec. 18 of the Bombay Rent Act and ordering him to pay Rs. 100/to the complainant as compensation and releasing him after due admonition.

(2.) The facts giving rise to this revision application briefly stated are as under:-

(3.) Mr. F. A. Memon learned Advocate for the applicant urged that in view of the provisions of sec. 18 of the Act the court had no option but to sentence the landlord opponent No. 1 which may extend to imprisonment for six months and with fine which shall not be less than the amount of fine premium or sum or deposit or value of the consideration received by him. He also urged that under sec. 18 of the Act the premises were also liable to be confiscated. He therefore urged that the view taken by the learned City Magistrate that it would be harsh to sentence him to pay a fine of Rs. 2100/is contrary to the provisions of law and therefore this court should quash the said order and sentence the accused as provided in sec. 18 of the Act.