Sec. 43 of the Karnataka Rent Control Act allows tenants to seek relief if essential supply or service is cut off or withheld without sufficient cause, and the court must make an inquiry based on the tenant's complaint.

( 1 ) THIS petition, by the tenant, is to revise an order of the First Addl munsiff, Dharwar, made under Sec. 43 of the Karnataka Rent Control Act, 1961, (hereinafter referred to as 'the Act' ).

( 2 ) THE petitioner and respondent-1 are occupying the adjoining buildings owned by respondent-2. The complaint of the petitioner was that the owner, with an evil design to harass him and make him to vacate the premises, instigated respondent-2 to close the only window of his kitchen as a result of which the kitchen has been rendered unfit for use since no light and air get into the kitchen and no smoke gets cut therefrom. The kitchen room, according to the petitioner, has become a dark room without any use to the petitioner. With these allegations, he prayed for an order against the respondents to re-open the window. The respondents raised a preliminary objection regarding the maintainability of the application. Their primary contention was that the supply of light and air did not fall within the expression ' essential supply or service', as provided under Sec. 43 of the Act and, therefore, the grievance of the petitioner cannot be enquired into. The learned Munsiff accepted the objection and rejected the application. In this petition, the validity of that objection is called into question.

( 3 ) FOR the purpose of considering the question, it is necessary to have in mind the scope and effect of Section 43 of the Act. Section 43 of the Act, so far as it is relevant, provides :" 43. Landlord not to cut off or withhold essential supply or service- (1) No landlord either himself or through any person acting or purporting to act on his 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, (2) A tenant in occupation of the building may, if the landlord has contravened the provisions of sub-sec (1), make an application to the Court for a direction to restore such supply or service. (3) If the Court on perusal of the application and affidavits, if any, filed by the tenant after making such examination of the applicant as it thinks fit, is prima face satisfied that the essential supply or service was cut off or withheld without sufficient, cause, the Court may pass an interim order directing the landlord to restore the amenties immediately, pending the inquiry referred to in sub-stction (4 ). Explanation.-An interim order may be passed under this subsection without giving notice to the landlord. (4) If the Court on inquiry finds that the essential supply o-r service enjoyed by the tenant in respect of the building was cut off, or withheld by the landlord without just or sufficient cause, it shall make an order directing the landlord to restore such supply or service. " explanation 1 to Section 43 of the Act reads as follows : In this section essential supply or service includes supply of water, electricity, lights in passages and on staircases, lifts and conservancy or sanitary services. "

( 4 ) THE intention and effect of the provisions of S. 43 of the Adt, in my opinion, are beyond controversy although much argument was devoted, before me, to the scope of the weirds ' essential supply or service'. The intent of 'the Legislature, as I see it, is that the tenant should be given immediate relief when he is deprived of his legitimate rights and should not be driven to a long drawn civil litigation. With that end in view, the Legislature has issued an injunction against the landlord not to cut off or withhold essential supply or service which the tenant is entitled to. Therefore, one must take a sensible and broad view of the words ' essential supply or service : and must have regard to all those matters which are reasonably necessary to make use of the building. Any attempt to narrow down the scope of the words ' essential supply or service' may defeat the very purpose of the legislation. Explanation 1 to Sec. 43 of the Act gives us some i

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