VIKAS SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against judgment and order dated December 21, 2018 passed by the Learned Judge, Bench - I, City Sessions Court, Calcutta affirming thereby the Judgment and Order dated January 24, 2017 passed by the Learned Municipal Magistrate, 3rd Court, Calcutta thereby convicting the petitioners under Sec. 401A of the Kolkata Municipal Corporation Act and sentencing them to suffer Simple Imprisonment for a period of 6(Six) months and to pay a fine of Rs.5,000.00 each in default to suffer further simple imprisonment for 1(One) month each in connection with Case No. M/F 219 of 2015 under Sec. 401A of the Kolkata Municipal Corporation Act, 1980.

(2.) The petitioner's case is that an Agreement of Sub-Lease dated September 01, 1999 was executed between the Jagadhatri Properties and Investments Private Limited, a company incorporated under the Companies Act, 1956, having its registered office as 23A, Netaji Subhas Road, Kolkata and the father of the petitioners namely, Late Ramlot Sharma, sole Proprietor of Bharat Plastic Industries, a merchant. As such the father of the petitioners by way of such execution became the sub-lessee of 1060 sq. ft. of area in the first floor of the premises no. 12, Armenian Street, Kolkata - 700 001 also numbered as 10/1, Portugese Church Street.

(3.) That as per Clause 2(II) of the said Agreement of Sub-Lease dated September 01, 1999 it was mentioned therein that out of the total 1600 sq. ft. of the lease area 800 sq. ft. is damaged with roof having fallen down and iron beams were rested on the walls and few more iron beams were to be placed and/or replaced. It was further mentioned therein that until the said portion is repaired and/or reconstructed with permanent covering the Sub-Lessee may cover it with tin and/or asbestos shed.