J.M.SHETH - (1.)This appeal is filed by the appellant who has been convicted of an offence punishable under sec. 18(1) of the Bombay Rents Hotel and Lodging House Rents Control Act 1947 (which will be hereinafter referred to as the Act) and sentenced to suffer one months rigorous imprisonment and to pay a fine of Rs. 400/and in default of payment of fine to undergo one months further rigorous imprisonment by the learned City Magistrate 4 Court Ahmedabad in Summary Case No. 1865 of 1970.
(2.)The prosecution case is that Manubhai Dharamsinhbhai the complainant is a tenant of Laxmanbhai Hirajibhai (appellant) from 1st January 1969 and a room and a Verandah were given to him on lease. The appellant took Rs. 300/from him (complainant-tenant) as a landlord by way of deposit. That the rent fixed for the premises was Rs. 25/per month. As the aforesaid offence was committed by the appellant he lodged complaint in the Court with regard to that offence on 17th December 1970
(3.)The defence version was that he had not taken any such amount by way of deposit in respect of the grant of lease. He had taken a loan of Rs. 300/from the complainant for constructing his house.
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