LAWS(P&H)-1989-8-115

JASWANT SINGH Vs. SWARAN SINGH

Decided On August 01, 1989
JASWANT SINGH Appellant
V/S
SWARAN SINGH Respondents

JUDGEMENT

(1.) THIS case was adjourned for actual hearing at the motion stage. Arguments of learned counsel for both the parties have been heard.

(2.) THIS revision has been filed by Jaswant Singh tenant who sought restoration of electricity supply in the tenanted premises. Allegation is the application under section 10 of the East Punjab Urban Rent Restriction Act, 1949 ('The Act' in short) are that a shed was taken on rent by the tenant-applicant for running a small scale industry from the landlord, Swaran Singh, at the rate of Rs. 150/- per mensem in the year 1977. This amount of rent included electricity charges. The tenancy had one of the conditions to the use of three-phase 8 HP electricity power connection for the small scale industry. The tenant-applicant had been paying this total amount of Rs. 150/- p.m., as rent charges, as well as electricity charges. On 9.8.1983 the respondent-landlord disconnected electricity to the tenanted premises without any reason.

(3.) THE landlord-respondent went in appeal before the Appellate Authority who reversed the findings of the Rent Controller on issue No. 1. As a result of reversal of finding on issue No. 1, the finding on issue No. 2 was also reversed. In consequence, the appeal was accepted and the application of the tenant was dismissed with costs.