JUDGMENT - Joshi V.V. J.-This is an application filed by the petitioner under Article 227 of the Constitution and under section 482 of the Criminal Proce-dure Code, 1973, praying for quashing of a preliminary order passed by the Sub-Divisional Magistrate, Chandrapur, under the provisions of sec-tion 133(l)(d) of the said Code.

2. It is not in dispute that the respondent No. 1 is a tenant in one block of a building owned by the petitioner in Chandrapur town and the respondent No. 1 is running a cloth shop in that tenanted portion. It appears, there have been disputes going on between the landlord and the tenant and it appears the landlord has been trying to evict the tenant by taking proceedings before the Rent Controller, while the tenant-respondent No. 1 has been trying to checkmate the landlord and in this respect he filed an application on 5–3-1979 under section 16 of the C. P. and Berar Letting of Houses and Rent Control Order, 1949, before the Rent Controller, on the allegation that the roof of the shop in occupation of the applicant (in that proceedings) was leaking due to deliberate act of the present applicant-land-lord and this leakage was required to be stopped immediately

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