Judgment

B. P. SINHA, J. : The only question for determination in this appeal, is whether an offence punishable under S. 24 (2) (4), Bombay Rents Hotel and Lodging House Rates Control Act LVII of 1947 (hereinafter referred to as the Act). has been brought home to the appellant.

2. The facts of this case are short and simple. The appellant is the owner, by purchase is 1945, of certain premises situate in Vile Parle, Bombay. Under the predecessor-in-title of the appellant, was a tenant, named Thirumal Rao Potdar, in respect of a room in those premises, at a monthly rent of Rs. 20 including water rate of Rs. 2. After the appellant s purchase, the tenant aforesaid continued to hold the tenancy on those very terms. The said premises used to enjoy the amenity of water supply from a municipal tap. As the appellant s predecessor-in-title had made default in payment of municipal taxes, the water supply had been cut off by the Municipality early in May, 1947, Since after that, the tenants including the said Thirumal Rao, had the use of well water only from a neighbouring tenant. Thirumal Rao died in or about the year 1950, and his widow, respondent 1, continued in occupation of the premises, w