SAMBHUNATH PANDEY Vs. JOYSHREE SINHA

JUDGEMENT

(1.) In spite of service of notice nobody appeared on behalf of the opposite party No. 1.

(2.) This revisional application is against the orders dated 31-12-1998, 21-1-1999 and 9-2-1999 passed by the Executive Magistrate, Alipore in Case No. M-48 of 1998 (arising out of M.P. No. 3358 of 1998).

(3.) It is the case of the petitioner that by an Agreement of Tenancy dated 20-3-1984 the present petitioner and his brother were inducted as tenants by the opposite party No. 2 herein and his mother Smt. Urmimala Sinhain respect of one hall I room measuring an area of about 1,000 square feet in the premises No.hA, Braunfield Row, Calcutta-27. The said tenancy is still subsisting and the petitioner has been using the said tenanted premises as a godown for storage of machineries and other articles of which he carries on business at Burrabazar. According to the petitioner the articles, which were kept in the said room, are 1875 pieces of wick stove. 120 carton of baby toy pistol, canter strips and motor parts and the total valuation of the said goods is about Rs. 6 lakhs, it is the case of the petitioner that the opposite party No. 1 with a mala fide motive to evict the present petitioner from his tenanted portion of the said premises, filed an application under Section 133 of the Code of Criminal Procedure before the learned Executive Magistrate, Alipore making various false and frivolous allegations. It was stated in the said application under Section 133 of the Code of Criminal Procedure that the opposite party No. 1 is the owner of the said premises and the petitioner was a licencee in respect of his tenanted premises at a monthly rent of Rs. 50/-. It was further alleged that the present petitioner left the tenanted room about a year back taking away all his articles and belongings after locking the said room. The opposite party No. 1 further alleged that for few days bad smell was coming out from the said tenanted room causing public nuisance and she prayed for a direction upon the Officer-in-Charge, Ekbalpur P.S. for clearing the tenanted portion after removing the lock there from.