By this common judgment and order, I propose to dispose of two revision petitions registered as Criminal Revision Nos. 331/88. and No. 335/88. Facts are as follows :-

Jajneswar Mahanta, petitioner in Criminal Revision No. 335/88 is the landlord of the room in dispute and Abinash Mahanta, opposite party in the above Criminal Revision is his monthly tenant and he is ruining restaurant business. The tenant failed to pay rent from 1.7.86 and a lawyer's notice was served on the tenant. The landlord filed a petition before the learned Additional District Magist­rate, Giuhati in October, 1987 alleging inter alia, that the tenant failed to pay the rent, closed the said restaurant for 2 months keeping the room under lock an 1 key and left the place without any intimation to the landlord. Other allegations were made in the said petition regarding the conduct of the tenant and keeping all furniture, fixtures and utensils in the said room. On the basis of the said petition on 2.11.87, the learned Addl. District Magistrate passed an order observing, inter alia, as follows:

"The said room was kept under lock and key since the 2 months back by the tenant without any informing the owner also have no

Click Here to Read the rest of this document