PULIN KRISHNA PAUL Vs. SISHUPATI CHAKRAVARTY

JUDGEMENT

(1.) This is a petition for revision of an order of a learned Presidency Magistrate convicting the petitioner under Section 41 of the. West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 and sentencing him to one month's rigorous imprisonment and to pay a fine of Rs. 200/-. In default of payment he was to undergo a further period of six weeks' rigorous imprisonment.

(2.) The complainant was the tenant of a room used as a shop which he held from the petitioner. The case for the complainant was that as the tenant of the shop he had a right to use a certain privy and water from a tap. It is said that the petitioner had not for about six months allowed him access to the privy or allowed him to take water from the tap. Therefore, it is said, an offence under Section 41 of the Rent Control Act, 1950 had been committed.

(3.) It is clear that proceedings had been taken earlier in the court of the Rent Controller under Section 34 of the Rent Control Act, 1950 and the petitioner had been fined by the Rent Controller.