SATISH LAXMAN THAKUR Vs. VASANT RAMCHANDRAKARPE

JUDGEMENT

(1.) BY judgment and order passed on the 30th of april, 1985 by the learned Judicial Magistrate, First Class, Vasai, in Criminal case No. 1579 of 1983, the first respondent herein is acquitted of an offence punishable under Sestion 24 of the Bombay Rent Act. The said acquittal is challenged by the appellant-original complainant in the present appeal.

(2.) THE complainant is a tenant of Room No. 2, situate on the ground floor of Matruchhaya Building, Ghate AH, Vasai and the accused is his landlord who is occupying premises on the first floor of the very building. It is the case of the prosecution that on the 20th of September, 1983 accused has disconnected the water supply of the complainant. The complainant has, therefore, filed a private complainant in Court which has led to the instant prosecution.

(3.) AT the trial, the complainant examined himself and his witness balkrishna. In rebuttal accused has examined defence witness Thakur who is another tenant of the very building. In substance the defence of the accused is that under an agreement (Exhibit 13) signed between the complainant and the accused, accused has agreed to supply pipeline water free of cost so long as the pump belonging to the accused is working and remains in working condition. The agreement further recites that the said facility is not provided as an essential service and the complainant will not have a right to it as such. The defence has submitted that the water pump in question went out of order in September, 1983. The complainant refused to contribut towards its repairs. Hence, the accused has not restored the pipeline connection which goes through the water pump.