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Issues:
1. Interpretation of section 19(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947. 2. Determination of whether the actions of the accused constituted relinquishment of tenancy. 3. Assessment of the legality of the sum received by the accused. 4. Examination of the defense presented by the accused. 5. Review of the lower court's conviction and sentencing. Detailed Analysis: 1. The judgment primarily revolves around the interpretation of section 19(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947. The defense argued that the offense under this section arises only upon the receipt of a sum or consideration as a condition for the relinquishment of tenancy. The court analyzed the language of the section, emphasizing the term "relinquishment" and its legal implications within the context of the Act. 2. The court delved into whether the actions of the accused amounted to relinquishment of tenancy as per the statutory definition. The key document in question was Exhibit D, which outlined the transfer of possession of the flat to the complainant. The court scrutinized the distinction between assignment, surrender, and relinquishment in the context of landlord-tenant relations to determine the nature of the transaction in this case. 3. The legality of the sum received by the accused was a crucial aspect of the judgment. The prosecution alleged that the amount received was in the nature of pugree, while the defense contended that it represented capital for a share in the business and a guarantee against furniture damage. The court assessed the evidence and arguments to ascertain the true nature of the sum exchanged between the parties. 4. The defense put forth by the accused regarding the business partnership and caretaker arrangement was examined by the court. The appellant's contention that the sum received was not pugree but a business investment was considered in light of the prosecution's allegations. The court evaluated the validity and credibility of the defense in relation to the charges brought against the accused. 5. Lastly, the judgment reviewed the lower court's conviction and sentencing of the accused under section 19(2) of the Act. The court found that there was no actual relinquishment as per the statutory definition, leading to the setting aside of the conviction. The fine imposed was ordered to be refunded if already paid, while other aspects of the lower court's order regarding the sums exchanged were upheld. This comprehensive analysis of the judgment highlights the intricate legal arguments, statutory interpretation, and factual considerations that shaped the final decision of the Supreme Court in this case.
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