SAKTI BANERJEE Vs. SWADESH ANGRISH

JUDGEMENT

(1.) The landlords Mr. Sakti Banerjee and Sachindra Nath Banerjee have fifed the instant criminal revisional application under Section 397/482 of the Code of Criminal Procedure against their tenant Smt. Swadesh Angrfsh praying for setting aside the order dated 8th July 1997 passed in premises tenancy case No. 42 of 1997 passed by the learned Additional Rent Conteroller ,Howrah along with the order dated 26th November, 1997 passed in Misc. Appeal No. 167 of 1997 by the learned District Judge, Howrah.

(2.) The tenant filed a complaint case against the landlords under Section 31 of the West Bengal Premises Tenancy Act, 1956 alleging that the landlords committed an offence within the meaning of that Section by disrupting and /or stopping regular supply of water in the tenanted premise. The Sub-Divisional Magistrate at Howrah, who was also entrusted with the power of Rent Controller at Howrah, look evidence of the complainant and thereafter, took congnizance of the offence under Section 1901(a)(1) of the Code of Criminal Procedure, directed immediate restoration of the water supply in the tenanted premises and thereafter, issued summons upon the landlords/O.P.s.

(3.) The landlords challenged the said order in appeal before the learned District Judge, Howrah in Misc. Appeal No. 167 of 1997 and the learned District Judge by order dated 26.11.97 dismissed the Misc. Appeal after coming to the conclusion that the impugned order was not a final order and accordingly, no appeal is maintainable under the provision of Section 29 of the Act. By "the present revisional application the landlords have challenged both the orders as stated above.