MAHAYANOO N. IRANI Vs. JAHANGIR N. IRANI

JUDGEMENT

(1.) A complaint was filed by the respondent No. 1 before the Metropolitan Magistrate, 14th Court, at Girgaum, Bombay in Case No. 38/89 purported to be under Section 24(4) of the Bombay Rent Act read with Section 109 of the I.P.C. Apart from the petitioners, there are other 4/5 accused who are all the landlords of the flat No. 8 on the 3rd floor of Islam Club Building, 3 Sea face, Chowpatty. Bombay -7. The allegation against the accused including the petitioners is that they were not allowing the respondent No. 1 to use the lift. It is the case of the petitioners that the lift in the building stopped working since the end of June, 1989.

(2.) FURTHER the case of the complainant is that the accused No. 6 with the support of her brother accused No. 7 without consulting any other tenant unilaterally carried out temporary repairs of the lift and accused No. 6 disconnected the call button of the first and second floor of the lift and was using the lift only for the personal use. The lift cage was chained and locked on the third floor by accused No. 6 and other, so that no other tenant is able to use the same.