D. P. DESAI, M. K. SHAH, J.

( 1 ) THE question involved in these three proceedings pertains to the interpretation of sec. 24 of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereafter referred to as the Act) in a case where essential supply or service has come to an end not on account of any overt act or omission on the part of the landlord but on account of some other reason. The question is whether the landlord is bound to restore the essential supply of service when it is within his power to do so and whether his failure so to restore the supply or service would amount to withholding of the essential supply or service enjoyed by the tenant as contemplated by sec. 24 (1) and made punishable under sub sec. (4) thereof ? A few facts for this purpose may be stated.

( 2 ) TWO prosecutions came to be launched by two different tenants against two different landlords in the Court of the learned Judicial Magistrate First Class at Dwarka under sec. 24 (4) of the Act. The following circumstances led to the launching of the prosecution in each of the two cases.

( 3 ) THE complainants were tenants of the premises situated in the town of Dwarka and the accused in both these

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