MANSUKHBHAI MOHANBHAIWADHARA Vs. GAJENDRABHAI RAMJIBHAI WALA

JUDGEMENT

(1.) THE present petitioner has challenged the order dated 21-4-2012 passed by the learned 2nd Additional District and Sessions Judge, Rajula, in Civil Revision Application No.1 of 2011 by which order dated 24-10-2011 passed by the Deputy Collector, Rajula, was quashed and set aside.

(2.) THE petitioner submitted an application under Sec.23-A of the Bombay Rent Act before the Deputy Collector praying to restore the electric connection which was disconnected by PGVCL on the basis of application submitted by owner of the property, respondent-Gajendrabhai Ramjibhai Wala. The Deputy Collector allowed the application of the present petitioner and passed order to restore electric connection vide order dated 24-10-2011.

(3.) IT is submitted by learned advocate for the petitioner that petitioner is in possession of the said property since long and was paying charges towards electric bills regularly issued by PGVCL which shows that petitioner is a legal tenant of suit premises. In 2007, in pursuance of alleged theft of electricity committed by the petitioner, a case was registered against him and when demand was raised by PGVCL for payment of electric charges, he paid the due amount which also shows that the petitioner is in possession of suit premises since 2007. It is further submitted that the appellate court has not considered the same and committed error in holding that no documentary evidence is produced to show that the petitioner is tenant of present respondent No.1 and on the basis of false application submitted by the petitioner obtained electric connection and there is no relationship between tenant and landlord and, therefore, question does not arise to restore electric connection and quashed and set aside the order passed by the Deputy Collector.