( 1 ) INSTEAD of approaching Civil Court for getting her rights adjudicated as per the provisions of the Bombay Rent Act, the complainant has chosen to adopt a short-circuit formula by filing a criminal complaint in connection with dispute, which is purely of civil nature and as per the averments made in the complaint, no criminality involved in it. The facts which are not in dispute are as under:

( 2 ) THERE is an immovable property situated in the city of Jamnagar. The petitioners had purchased the said property wherein 9 tenants were occupying different portions of the said property. One such portion was occupied by Vallabhdas Ved, [father of respondent No. 2 herein]. The said Vallabhdas died on 21st September 1998. As per the averments in the application, the said Vallabhdas executed a will dated 2. 6. 1995 in favour of his son, Rajesh, by which he bequeathed the aforesaid tenanted property to Rajesh. Pankaj, another son of the deceased Vallabhdas, filed a Civil Suit being Special Civil Suit No. 141 of 1998 challenging the will executed by his deceased father on the ground that the will is bogus and that the property should be partitioned amongst the heirs of the deceased Vallab

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