PRAKASHBHAI KANJIBHAI SOLANKI Vs. STATE OF GUJARAT
LAWS(GJH)-1983-9-12
HIGH COURT OF GUJARAT
Decided on September 09,1983

PRAKASHBHAI KANJIBHAI SOLANKI Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

M.B.SHAH - (1.) The petitioner-original complainant has filed the Special Criminal Application under Article 226 and/or 227 of the Constitution of India wherein he has proved for quashing and setting aside the judgment and order Hated 20/07/1982 passed in Criminal Revision Application No. 264/81 by the Additional City Sessions Judge. Court No. 20 Ahmedabad by which he has confirmed the order dated 30/09/1981 passed by the Metropolitan Magistrate. Court No. 9. Ahmedabad in Criminal Case No. 2284180.
(2.) The petitioner is a tenant of one room situated in Bundug Flats in Juna Vadaj. Ahmedabad and he was using the said room as a shop for carrying on his business as a tailor in the name and style of Love Light Tailors. One Kantilal Ishwarlal was a landlord of the said premises and from him he took the said premises on rent at the rate of Rs. 150.00 per month. To the owner he had paid Rs. 11 501 as deposit. Thereafter respondent No. 2 purchased the said premises from the original owner. At that time original owner and the respondent No. 2 met him and informed him that respondent No. 2 had purchased the said property and therefore he had become the landlord of the said premises. The original owner also informed that he had paid the amount of Rs. 11 501 which was lying with him as deposit to respondent No. 2. Respondent No. 2 had accepted the said fact on 1/03/1977.
(3.) The petitioner thereafter filed the aforesaid criminal case before the Metropolitan Magistrate Ahmedabad contending that respondent No. 2 had committed an offence punishable under sec. 18(1) of the Bombay Rents Hotels and Lodging House Rates Control Act 1947 hereinafter referred to as the Rent Act because respondent No. 2 had accepted deposit of Rs. 11 501 from him on 1/03/1977 in contravention of the said section. The said complaint was filed on 16-9-80 and the Court had issued summons to the respondent No. 2. The plea of the respondent No. 2 was recorded on 26-2-81 and that he pleaded not guilty.;


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