MANISHA LALWANI Vs. D V PAUL

JUDGEMENT

(1.) THIS revision application has been filed under 397 read with Section 401 of Code of Criminal Procedure, 1973 against the order dated 06. 09. 05 passed by learned Judicial Magistrate First Class, Katni, not registering the case against respondent.

(2.) AS per the case of the applicant, she is owner of the building bearing house no. 436 to 436/13, situated at Gunnianak Ward, Katni. The first floor of the said building was let out to respondent No. 1 on rental basis. As per the case of the applicant, respondent inducted a sub-tenant in the tenanted premises, as a result of which landlord/applicant filed Civil Suit No. 6-A/01 against respondent on several grounds including the ground under Section 12 (l) (b) of M. P. Accommodation Control Act, 1961 (in short 'the Act' ). The suit was decreed by the Trial Court on various grounds including the ground of inducting sub-tenant. The decree passed by the Trial Court was affirmed up to this Court since the first and second appeal filed by the respondent were dismissed.

(3.) AFTER the dismissal of second appeal of tenant/respondent on 11. 05. 05, a private compliant was filed by the landlord/applicant against respondent/tenant as well as against Smt Pushpa Ahmed and Smt Washington who were sub-tenants in the tenanted accommodation making a prayer to impose penalty. In the said " complaint case, the applicant examined her husband Ashok Lalwani, who is also her power of attorney holder. The learned Magistrate, by the impugned order has not registered the case and dismissed the complaint. Hence, this revision has been filed: