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1985 Supreme(All) 10

I.P.SINGH
DEVI PRASAD TRIPATHI – Appellant
Versus
JANAK KISHORI MISRA – Respondent


Advocates Appeared:
P.N.Saxena, R.N.Mulla

I. P. SINGH, J.

( 1 ) THIS criminal appeal has been filed by Devi Prasad Tripathi, Advocate complainant under section 378 (4) Cr. P. C. against the judgment and order of Sri J. Chandra, Special Metropolitan Magistrate Kanpur, in a case No. 1049 of 1971 passed on 29. 7. 78 dismissing the complaint and thereby acquitting the accused respondents Smt. Janak, Kishori and her husband Ram Baran of the offence under section 31 read with section 26 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act XIII of 1972 (hereinafter referred to as the Act.

( 2 ) THE brief facts are as follows_: It is admitted that Devi Prasad Tripathi, Advocate complainant, is the tenant of the premises in question of which Smt. Janak Kishori Misra wife of Ram Baran Misra, is the landlady. The complaint of the complainant is that the landlady had cut off the amenity of electric supply to the premises of the complainant which he was entitled to by virtue of the provisions of section 26 of the Act sub- sec. (1) of said sec. 26 provides: No landlord shall without lawful authority or excuse cut off withhold or reduce any of the amenities enjoyed by the tenant. Section 3 1 (1) of the Act provides








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