BIJAY KUMAR DALMIA Vs. SANWARMAL JALAL

JUDGEMENT

(1.) This revision petition arises from the order dt. 10-11-1986 passed by the learned Sub-Divisional Magistrate (E) Tinsukia under S.144 Cr.P.C. in Case No.507 of 1986.

(2.) Facts : Landlord Sanwarmal Jalan, the opposite party herein, filed an application dt.7-11-86 for drawing up a proceeding under S.144, Cr.P.C. The case of Sanwarmal is that he was the absolute owner of the disputed house. The house was let out on monthly rent to one Meghraj Dalmia who died in the year 1978. The tenant Meghraj Dalmia was a defaulter. Sometime before his death, Meghraj Dalmia abandoned the disputed house. Since then it was lying unattended and uncared for. Meghraj or his heirs did not also formally hand over the disputed house to Sanwarmal. They did not pay rent but their lock was still there fastening with the bolt of the door of the disputed house. Due to such act, the house was getting damaged and was in a dilapidated condition. It was apprehended that the fall of the house might endanger the lives of the neighbours and the passers-by. Therefore, it was necessary for the landlord to cause repairs or reconstruction by unlocking the door of the house immediately.

(3.) On 10-11-1986, the learned Sub-Divisional Magistrate drew up a proceeding under S.144 Cr.P.C, and passed an ex parte order. The relevant portion of the order runs :