The landlord is responsible for ensuring essential services and is liable to pay water charges as per the relevant provisions of the law.

( 1 ) THIS petition is by the tenant under S. 50 of the Mysore Rent Control act, 1961 (hereinafter referred to as the Rent Act ). It is directed against an order refusing to restore an essential supply or service of water, made in H. R. C. No. 488 of 1970 by the First Additional First Munsiff at Bangalore on 9-9-1970.

( 2 ) IT would appear that the tenant was put in possession of the premises in September 1966. Later on he was regularly inducted by virtue of an order of allotment made by the Rent Controller on 23rd of October, 1967. When he was earlier inducted into possession there were arrears regarding water rates payable to the Bangalore Water Supply and Sewerage board (hereinafter referred to as the Water Board) to the tune of rs. 493. 60 Ps. This arrears was further increased by the time he was inducted as allottee. It is also stated by Shri S. R. Rajashekhara Murthy, the learned counsel appearing on behalf of the petitioner that the premises consists of three tenements and only one oi them was allotted to the petitioner. Sometime thereafter, the Water Board disconnected the water supply for non-payment of arrears of water charges. Aggrieved by this action the petitioner approached the Court in the said H. R. C. petition. It would appear, that by some arrangement, between the landlord and the tenant, the arrears had to be shared by the tenants occupying the three tenements. The case of the landlord simply is that the charges should be borne by the tenants.

( 3 ) THE learned Munsiff, came to the conclusion that the disconnection was not an act which could be attributed to the landlord, and therefore, the case did not fall within S. 43 of the Rent Control Act. It is also observed by him that if the previous tenants had not paid the water charges, it was up to the petitioner to pay the same and secure restoration of water supply, and thereafter proceed against the other tenants for the recovery of their portion of the arrears of water charges. Aggrieved by this order the petitioner has approached this Court.

( 4 ) IT is contended by Shri Rajashekhara Murthy, the learned counsel appearing on behalf of the petitioner, that once an allotment of a premises is made by the Rent Controller, it is clearly implicit therein, that the premises was in a condition to be occupied by a tenant. In other words, it should have all the essential services in tact. It is conceded by him, that the disconnection was sometime subsequent to his induction as a tenant by virtue of an order of allotment made by the Rent Controller.

( 5 ) HE also relied on the provisions of the Bangalore Water Supply and Sewerage Act, 1964 (hereinafter referred to as the Water Act) in support of a submission that a statutory obligation is on the owner of the premises in this case, and he should pay the water charges irrespective of the fact, whether the tenants had not paid the same in accordance with the agreement entered into between the landlord and the tenants. It is, therefore, argued that the disconnection is traceable directly to a default on the part of the landlord. In such a situation it would be clear that the disconnection could be attributable to the landlord. In this view of the matter, the conclusion of the learned Munsiff to the contrary would not be sustainable. I am in agreement with this submission of the learned counsel.

( 6 ) S. 43 of the Rent Control Act, inter alia provides, that no landlord either by himself or through any person acting or purporting to act on this behalf, shall, without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the building let to him. By means of an explanatory clause contained therein, it is provided that withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority.

( 7 ) IN the instant case, it

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