VITHAL KRISHNAJI NIVENDKAR Vs. STATE

JUDGEMENT

(1.) THE accused, Vithal Krishnaji Nivendkar, was tried before the Presidency Magistrate, 7th Court, Dadar, Bombay, for an offence under Section 18(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act LVII of 1947. The learned Magistrate convicted the accused of the offence charged and sentenced him to suffer simple imprisonment for one day and to pay a fine of Rs. 3,251 and in default of payment of fine to suffer simple imprisonment for one month. Against that order of conviction and sentence, this appeal has been preferred.

(2.) THE complainant is one Parduman Ramsingh, who migrated to Bombay sometime in the year 1949. In November 1957 the complainant came to learn that residential accommodation in Waghe Hall at St. Xavier Road at Parel was available. The complainant went to the office of the Tillori Kunbi Samajonnati Sangh ;and met the accused, who was the President of the Sangh and responsible for the management of the building of the Sangh. The accused demanded Rs. 4,000 as pugree and Rs. 85 p.m. as rent for granting on rent residential accommodation in the building of the Sangh to the complainant. There was some bargaining between the complainant and the accused and ultimately an amount of Rs. 3,251 was settled as the amount, to be paid by the complainant to the accused as consideration for granting the tenancy. The accused asked the complainant to write a letter dictated by the accused wherein it was recited that the amount of Rs. 3,251 was to be a donation by the complainant to the Sangh. At the date of these negotiations, the building of the Sangh was under construction and it was expected to be readv sometime in February 1958. In January 1958 the complainant paid three amounts of Rs. 1,000, Rs. 500 and Rs. 751, and he paid Rs. 1,000 on Mav 4, 1958. The complainant occupied two rooms leased to him in Tillori Kunbi Sangh Waghe Hall building on May 1, 1958. The accused gave to the complainant a consolidated receipt for Rs. 3,251. Thereafter the complainant also paid Rs. 85 as rent for one month; and a receipt was given by the accused. The complainant then filed a complaint in the Court of Presidency Magistrate, 7th Court, against the accused charging the accused with having committed an offence under Section 18(1) of the Act LVII of 1947, The accused admitted that he had received the amount of Rs. 3,25.1. Pie, however, pleaded that he was not the landlord and that, in any event, the amount was received by him as a donation to the Trust and not as consideration for granting the tenancy. The learned Judge, on the evidence, rejected the contentions raised by the accused and convicted and sentenced him as stated hereinbefore.

(3.) SECTION 18(i) of the Act LVII of 1947 in so far as it is material provides: If any landlord either himself or through any person acting or purporting to act on his behalf or if any person acting or purporting to act on behalf of the landlord receives any fine, premium or other like sum or deposit or any consideration other than the standard rent or the permitted increases, in respect of the grant, renewal or continuance of a lease of any premises,... shall, on conviction, be punished with imprisonment for a term which may extend to six months and shall also be punished with fine which shall not be less than the amount of the fine, premium or sum or deposit or the value of the consideration received by him.... A landlord receiving1 unlawful charges or a person on behalf of' the landlord receiving unlawful charges is liable to be punished under Section 18(1) of the Act. 'The accused is not the landlord within the meaning of Section 5 of the Bombay Act LVII of 1947, but admittedly lie has received Rs. 3,251 from the complainant on behalf of the landlord.