MRINALINI GHOSH Vs. SHIBNATH BHADRA

JUDGEMENT

(1.) IN this application filed under Article 227 of the Constitution of India as also under section 482 of the Code of Criminal Procedure the three petitioners pray for quashing of the proceeding of R. C. Case No. 103 of 1976 initiated against them on a complaint filed by the opposite party under section 31 of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the Act ) and now pending before the Additional Rent Controller Barrackpore.

(2.) IN the complaint it has been stated that Mrinalini Ghose, the petitioner No. 1, is the owner of premises No. P-236,/ Lake town and the complainant is a tenant in respect of a flat on the first floor of the said premises. The other two petitioners are the sons of the petitioner No. 1. The petitioners stopped the water supply to the complainant flat no November 11, 1976 which was temporarily restored at the intervention of the Officer-in-Charge of Lake town Police Station. On December 11, 1976 there was a reduction in the supply of water and on December 13, 1976 the three petitioners completely stopped the water supply thereby causing great inconvenience to the complainant.

(3.) THE learned Rent Controller, barrackpore entertained the complaint on, december 24, 1976 and ultimately by an order dated July 27, 1977 transferred the case to the learned Additional Rent Controller for disposal. The Additional Rent Controller recorded the statement of the complainant on August 23, 1977 and issued summons upon the petitioners calling upon them to appear before him. The petitioners entered appearance and filed an application challenging the maintainability of the proceeding. Having failed there the petitioners moved this Court and obtained the present rule.