Judgment

MAHAJAN, C.J.I. : The appellant were charged under section (1) of the Bombay Rent Restriction Act, 1947, for receiving from Shankar Das Gupta through Mathra Das, accused No. 3, on 23rd November 1850 a sum of Rs. 2,400/- as premium or pugree is respect of the grant of lease of Block No. 15 in a building under construction. The Magistrate found the appellants guilty of the charge and sentenced each of them to two months R. I. and a fine of Rs. 1,200/-. Mathra Das was convicted and sentenced to one day s S. I. and a fine of Rs. 100/-. The fourth accused Roshanlal Kanjilal was acquitted. Mathra Das preferred no appeal against his conviction and sentence. The appellants preferred an appeal to the High Court against their conviction. This was heard by Gajendragadkar and Chainani, JJ., on the 8th of October 1952. It was contended, inter alia , that even if it were held that the appellants had accepted the sum of Rs. 2,400/- they could not be said to have committed an offence under section 18(1) of the Act inasmuch as the amount could not in law be held to be premium in respect of the grant of a lease. On this point the learned Judges said as follows :

"In the present case the work