UJAGAR SINGH,J - (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. The application was opposed by the landlord-respondent on the ground that the tenant-applicant was inducted on rent at the rate of Rs. 150/- p.m., apart from Rs. 50/- as Chowkidara charges and Rs. 50/- towards electricity charges. On non-payment of these amounts, an ejectment application was filed and for non-payment of electricity charges, electricity had been disconnected. The Rent Controller, after going through the evidence on record, came to the conclusion that monthly rate of rent of Rs. 150/- included electricity charges. The landlord-respondent was not, therefore, justified in disconnecting the electric energy to the premises in dispute. The Rent Controller further found that the tenant-applicant was entitled to restoration of electricity. On both these findings, the application was decided with costs in favour of the tenant-applicant and the against the landlord-respondent who was directed to restore electricity supply within a fortnight from 16.1.1987 on which date the Rent Controller passed the order.
(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.;