- (1.) In the instant revisional application under Article 227 of the Constitution of India, the petitioner/defendant is assailing the order dated 7th August, 2013 wherein learned Civil Judge (Junior Division), 6th Court at Alipore rejected the application under Section 27 of the West Bengal Premises Tenancy Act, 1997, read with Section 151 of the Code of Civil Procedure. Heard learned Advocate for the parties and perused the order impugned.
(2.) The learned Advocate representing the petitioner/defendant submitted that his client filed the abovementioned application before the learned court below praying for a direction upon the opposite party/plaintiff to restore the essential supply of water and other sanitation facilities in the suit premises occupied by the petitioner/defendant. The learned Advocate appearing on behalf of the petitioner/defendant at the very outset drew my attention to the Commissioner's report (which is at page 61 of the revisional application) and pointed out that the privy and bath in the suit premises were without supply of water. He further submitted that the supply of water to the privy and proper sanitation is a part and parcel of life and a tenant cannot live there without such facility. Such prayer of the petitioner/defendant was strongly opposed by his learned counterpart who submitted that the petitioner/defendant was enjoying such facility in the disputed premises and therefore. The petitioner adopted a dilatory tactics in getting the decree for eviction in favour of his client, who is an old man staying at the mercy of his daughters.
(3.) Drawing my attention to Section 35 of the Act of 1997, learned Advocate for the petitioner urged that the landlord is duty bound to take necessary measures for maintenance of essential services which include supply of water, electricity, light in passage, staircase and conservancy and sanitary service. Drawing my attention to the provisions of Section 27 of the Act, he pointed out that withholding of such essential service shall be a penal offence. In this context, the observation of the Commissioner in his report is quoted below for ascertaining the situation prevailing at the premises: " iv. The suit premises has five in house dribbling outlets. The kitchen has one water tap at its Sink basin, two taps at privy and Bath respectively. In addition, two taps at the rear side bath and privy at the extreme South flag end. The Kitchen sink basin tap was in full flow water supply on its operation on commission. The privy and bath have no dribblings of single drop of water supply on utmost effort on operation. The Privy and bath in rear at extreme South fag-end had no water supply and were defunct, dysfunctional, rusted and redundant in obsolescence.";