SRI RAM CHANDRA SAKSENA Vs. SRI KAILASH KISHORE VERMA AND ORS.
LAWS(ALL)-1955-3-23
HIGH COURT OF ALLAHABAD
Decided on March 02,1955

Sri Ram Chandra Saksena Appellant
VERSUS
Sri Kailash Kishore Verma And Ors. Respondents

JUDGEMENT

Brij Mohan Lall, J. - (1.) THE Petitioner owns Bungalow No. 7/182, in Sarupnagar at Kanpur. A portion of it is in the occupation of Kailash Kishore Verma, opposite party No. 1 as tenant since 1946. The latter made a petition to the Rent Control and Eviction Officer under Section 7 -D of the U.P. (Temporary) Control of Rent and Eviction Act (III of 1947) charging the Petitioner with having cut off water connection and praying that he might be ordered to restore the said connection.
(2.) THE Petitioner denied that there had ever been any pipe at the place alleged by the opposite -party and naturally denied having removed that pipe. The parties filed affidavits before the Rent Control and Eviction Officer. The House Inspector inspected the locality and made a report. Thereafter the Rent Control and Eviction Officer himself made an inspection. He passed an order on the 13th of January, 1954 the substance of which is summarised in the last paragraph, which runs as follows: Thus from the reasons referred above I do not consider that there is any case where amenities of water has been withheld by the landlord and the application of the applicant is therefore rejected.
(3.) FIVE days later, i.e., on 18th Jan., 1951 the opposite -party moved a petition before the District Magistrate praying that; It is therefore prayed that your honour may kindly be pleased to call for the record of this "case and after going through the same and getting spot enquiries made such orders may kindly be passed as this honourable court deems fit and proper under the circumstances of this case.;


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