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1997 Supreme(Bom) 655

N.P.CHAPALGAONKER
Ismail Mohd. Qasim – Appellant
Versus
Khurshid Ahmed Khan s/o Sattar Khan – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---This is a Revision Application by the tenant under section 26 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Tenant filed an application under section 17 of the said Act before the Rent Controller, Aurangabad, alleging that the electricity supply which was enjoyed by him was withdrawn by the landlord and prayed for the restoration of this amenity. No ex parte interim order's passed in this case. After the landlord was served with a notice, he appeared and the matter was heard for considerable period. On 1st April, 1989, Additional Rent Controller, Aurangabad, passed the following order:

"Tenant Shri Mohd. Ismail Mohd. Kasam r/o Railway Station H.No. 5/9/65, Aurangabad is permitted to take seperate Electricity meter from Ex. Engineer (M.S.E.B.), Urban Division, Aurangabad, at his own cost".

This order was challenged in Rent Appeal No. 10 of 1989 before the District Judge, Aurangabad, and the learned District Judge, Aurangabad, held that it was beyond the powers of the Rent Controller to issue orders directing defendant to obtain an independent electric meter and connection. Therefore, he allowed the appeal and quashed the ord







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