MATHURA PROSAD RAJGHARIA Vs. KANAILAL MULLICK

JUDGEMENT

(1.) This is an appeal filed with the leave of the court under Section 417(3) of the Criminal Procedure Code against the order of a Judge, Small Causes Court, Calcutta functioning as the appellate authority under Section 29 of the West Bengal Premises Tenancy Act 1956. The appellant is a tenant who made a complaint to the Rent Controller against the landlords - the present respondents - to the effect that they had wilfully stopped the supply of filtered and unfilter- ed water to his premises, that the supply was comprised in the tenancy and is essential thereto.

(2.) The Rent Controller acting under 8. 31 of the West Bengal Premises Tenancy Act 1956 (hereinafter to be referred to as the Act) found that the allegation regarding Interference with the supply of filtered water had been proved and on this finding he imposed a fine of Rs. 200 on the landlords and directed them to deposit the amount in court within seven days. They were further directed to restore the supply of filtered water within 72 hours.

(3.) The landlords took an appeal to the Chief Judge of the Court of Small Causes at Calcutta. The appeal was transferred to another Judge of the Court and the transferee judge found that although there was stoppage of supply of filtered water to the premises of the tenant there was no evidence in the case that the same was due to direct interference with the supply by the landlords. On 'this finding he allowed the appeal and set aside the order of the Rent Controller. It is against this order that the tenant filed this appeal with the leave af the court.