BROJO LAKSHMI PAUL Vs. SAILENDRA NATH BANERJEE

JUDGEMENT

(1.) The petitioner Brojolakshmi Paul is the wife of the other petitioner--Madan Mohan Paul and the opposite party Sailendra Nath Banerjee is a monthly tenant under Petitioner No. 1 Brojo Lakshmi in respect of a shop room at 59/2, Baitakkhana Road, Calcutta at a monthly rental of Rs. 15/5/- plus Rs. 2/- as electric charges for one light. The petitioners were tried before the Presidency Magistrate, 3rd Court, Calcutta on charge under Section 426 of the Indian Penal Code and were convicted of that charge and sentenced to pay a fine of Rs. 50/- each in default to rigorous imprisonment for one month. Out of the fine, if realised, a sum of Rs 50/- was directed to be paid to the complainant--opposite party as compensation. It is against this order of conviction and sentence passed on the petitioners that the present Rule is directed.

(2.) The prosecution case against the petitioners is that on 1-12-1957 the electric connection of the said shop room of the complainant had been cut off. It is alleged that this was done due to the refusal of the opposite parties to pay an enhanced rent for electrical charges, demanded by the petitioners. It was further alleged that the petitioner No. 2 cut off the electric line with a pair of scissors, while the petitioner No. 1, who is his wife was standing by.

(3.) The defence taken was that the cutting oft of the electric connection did not amount to mischief within the definition of Section 425 of the Indian Penal Code. A further defence was taken that the prosecution was not maintainable inasmuch as the proceeding under Section 31 of the West Bengal Premises Tenancy Act (West Bengal Act XII of 1956) had been filed before the Rent Controller, Calcutta against the opposite party No. 1 for imposition of the maximum amount of fine presumably under that section.