( 1 ) THIS revisional application is directed against the conviction of the petitioner Narendra Kumar Mitra under Section 41 of the West Bengal Premises Rent Control Act, 1950 and the sentence passed thereunder of a fine of Rs. 60/-, in default simple imprisonment for six weeks. The case of the complainant Phani Bhusan Roy was briefly as follows:

( 2 ) PHANI Bhusan Roy entered into occupation of one suite of rooms in the ground-floor of the house at 27/12, Baburam Ghosh Road, Tollygunge, at the monthly rate of rent of Rs. 50/- under the petitioner Narendra Kumar Mitra who was the owner of the house. He entered into possession on 13-4-1955. According to the complainant the rent Rs. 50/- was inclusive of charges for the electricity consumed in the suite of rooms tenanted to the complainant. On 3rd October 1955 when the complainant returned home from his office, he found that the electric supply to his suite of rooms had been cut off and on enquiry he found Out that this had been done at the instance of the land-lord petitioner. He found on enquiry that actual disconnection had been effected by a mistry, Ramprosad Sarma, who deposed as P. W. 3; and when the complainant