L VEDAGIRI Vs. M S DEVARAJA MUDALIAR

JUDGEMENT

(1.) The appellant-accused Vedagiri, who was convicted by the Third Presidency Magistrate, Madras, under Section 17(3) read with Section 33 (i) of the Madras Buildings (Lease and Rent Control) Act, 1960, hereinafter called the Act and sentenced to pay a fine of Rs. 500 in default to suffer simple imprisonment for one month, has preferred this appeal.

(2.) The prosecution case is this: The respondent filed a private complaint against the appellant alleging that he (the appellant) contravened the interim order passed by the Rent Controller (VI Judge, Court of Small Causes, Madras) in LA. No. 549 of 1969 in H.R.C. No. 929 of 1969, directing him to restore the supply of electricity to the handloom factory, which was in the occupation of the complainant as tenant.

(3.) It was contended by the appellant before the learned Presidency Magistrate that though an interim order passed by the Rent Controller, directing him to restore the supply of electricity, he immediately filed an application to set aside the interim order, that in pursuance of the third proviso to Rule 18 (3) of the Madras Buildings (Lease and Rent Control) Rules, 1961, (hereinafter called the Rules), the execution proceedings in consequence of the said interim order get automatically stayed, and that therefore he did not restore the supply of electricity as directed by the interim order. The appellant admits that the interim order was served on him. There is also no dispute that the appellant filed an application to set aside the order, and it is pending before the Rent Controller.