B HALDAR Vs. P M CHAKRABORTY

JUDGEMENT

(1.) This application in revision is directed against an order imposing a fine of Rs. 25 by the Rent Controller, Calcutta under Section 31 of the West Bengal Premises Tenancy Act, 1956.

(2.) The opposite party is a tenant residing in premises No. 93 Baithakhana Road, Calcutta under the petitioner who is the landlord. The tenant filed a complaint before the Rent Controller on three grounds, (1) the landlord obstructed installation of separate letter box in his name at the main entrance of the premises, (2) the landlord was wilfully interfering in the supply of water and (3) the landlord obstructed the passage to his flat. The Rent Controller rejected the first two grounds but held that the applicant had the right of passage through the passage room and that it was a right of easement annexed to the tenancy. This right of easement was wilfully obstructed by the landlord and the Rent Controller therefore fined him Rs. 25 under the provisions of Section 31 of the West Bengal Premises Tenancy Act.

(3.) There was an appeal against this order before the Chief Judge, Small Cause Court Calcutta and a cross-appeal by the tenant too. The learned Judge of the Small Cause Court who heard the appeal and the cross-appeal, dismissed both and upheld the order of the Rent Controller. The landlord has now appealed against the order imposing the penalty for obstructing of easement of passage under Section 31 of the West Bengal Premises Tenancy Act.