HARI KRISHAN Vs. R.C.DASS CHAUHAN
LAWS(HPH)-1997-2-5
HIGH COURT OF HIMACHAL PRADESH
Decided on February 27,1997

HARI KRISHAN Appellant
VERSUS
R.C.DASS CHAUHAN Respondents

JUDGEMENT

SURINDER SARUP,J. - (1.)This revision petition is directed against the order of the Court of Shri R. C. Sharma, Rent Controller, Shimla dated 20th May, 1996 whereby the interim application moved by the respondent (tenant) has been allowed and the petitioner (landlord) has been directed to restore forthwith the water supply to the respondent.
(2.)Briefly, the facts are that the respondent moved an application under, Section 11(3) of the H. P. Urban Rent Control Act, 1987 (here in after to be called the Act) against the petitioner Hari Krishan (landlord) for restoration of essential supply. It was alleged therein that the respondent is a tenant in the residential premises consisting of one room set in the ground floor of Godawari Niwas, Lama Village, Kaithu of which the petitioner is the landlord. It was further alleged therein that the petitioner/landlord illegally removed and cut off the water supply of the respondent due to which he was suffering hardship. The respondent also moved an application for immediate restoration of water supply till the disposal of the main petition. It is that interim application which has been disposed of by the impugned order.
(3.)The petitioner filed reply to the main petition as well as the interim application in which the allegations of the respondent were denied. It was specifically denied that any water supply has been cut off by the petitioner. On the other hand, it was alleged that there was no water supply provided to the premises of the tenant. It was further averred that the respondent used to fetch water from nearby source since the beginning of his tenancy. It was alleged that the application had been moved to harass the petitioner.


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