STATE OF MAHARASHTRA Vs. MADHAV DATTATRAYA SATHE

JUDGEMENT

(1.) The State of Maharashtra has filed this appeal challenging the acquittal recorded in favour of the respondent who was tried in Criminal Case No. 65 of 1973 by the Judicial Magistrate, First Class, Nagpur upon a charge that he on or about 15th day of Sept. 1972 between 1.30 to 2 p.m. as a landlord without obtaining previous written permission of the Rent Controller, Nagpur discontinued the water supply to the tenement situated in Dhantoli, Nagpur and in the occupation of the complainant Deshpande a tenant, in contravention of the provisions of clause 14-A. of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 read with section 8 of the C.P. and Berar Regulation of Letting of Accommodation Act, 1946.

(2.) The facts in brief are as under: The complainant Deshpande was allotted a tenement ad-measuring 18' X 12' in the house belonging to the respondent by the order of the Rent Controller, Nagpur sometimes in the year 1964. It appears that at that time the water supply was through a well There was no meter system prevailing in the year 1964 and it was not introduced by the Nagpur Municipal Corporation. The evidence appears to be that there was no independent water tap. Sometimes in the year 1968 a separate meter was taken for this tenement of the complainant, but in the name of the landlord It is not necessary to go into the rival contentions of the parties as to what was the rent and whether the rent included the amount of water charges because Exhibit-14 is the notice of the complainant to the respondent wherein he has accepted the position that he was paying the charges of water and electricity separately besides the rent. The meter bill was issued by the Nagpur Corporation in the name of the respondent-landlord and it appears to be the grievance of the complainant Deshpande that the landlord was not giving those bills to him for payment of the water charges of the Municipal Corporation Whatever that may be, it does appear that in connection with the meter which was installed for the benefit of the complainant Deshpande for taking tap water the arrears of water charges amounted to Rs. 100.65p. by 19th of Aug. 1972 Exhibit-32 is the notice issued by the Municipal Corporation, Nagpur tothe respondent Sathe in connection with the meter No. 63900 C.M. that the arrears were to the tune of Rs. 100.65. He was, therefore, requested to clear off the dues within three days, failing which action for disconnection of water supply and recovery of the dues would be taken against him.

(3.) It is the case of the complainant that on 15th Sept. 1972 when he was in his office at about 2 p.m. the water meter was got disconnected by the respondent landlord. He came to know it from his wife. He, therefore filed a complaint with the police. That complaint was investigated by the police and it does appear that a report in the shape of charge-sheet was submitted by the police in the Court of the Judicial Magistrate, First Class, Nagpur to take action against the respondent for disconnecting the water supply of the complainant.