SATYA PRASAD MITRA Vs. PANCHUGOPAL DAS

JUDGEMENT

(1.) This is a revision application under Section 32(4) of the West Bengal Premises Rent Control Act of 1950 from an order of Sri D. N. Das Gupta, Second Subordinate Judge, Alipore. dismissing an appeal from an order of the Rent Controller, Calcutta, in case No. 191A of 1951 imposing a fine of Rs. 100/- on the petitioner landlord for cutting off supply of electricity to the premises of the tenant opposite party.

(2.) The opposite party Panchugopal Das took lease of a portion of the first floor of the house at 43 Sasthitala Road, Beliaghata Calcutta, at the rent of Rs. 12/- per month in 1942. The rent was thereafter increased and it was standardised at Rs. 24/- per month in case no. 2272B of 1947. On 24-1-1951, the tenant opposite party Panchu Gopal Das filed, an application under Section 34 of the Rent Control Act 1950, before the Rent Controller alleging that the supply of electricity was included within the terms of the tenancy and that on 19-1-51 owing to failure of the landlord to pay the electric charges the Electric Corporation had discontinued the supply and that thereby the landlord had committed an offence under Section 34 of the Rent Control Act. The landlord took the defence that the supply of electricity was not included within the terms of the tenancy. The Rent Controller held that the supply of electricity was included within the terms of tenancy and imposed a fine of Rs-100 as already stated. On appeal the learned Subordinate Judge upheld the order of the Rent Controller.

(3.) In this revisional application it is urged that the learned Judge committed an error of law inasmuch as he did not consider the necessary ingredients of the offence under Section 34 of the Rent Control Act, 1950, and that he made a mistake of law in throwing the burden of proof on the petitioner who was in the position of an accused in a criminal case.