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2008 Supreme(Del) 1055

SHIV NARAYAN DHINGRA
Vijay Gupta – Appellant
Versus
Manoj Mehta – Respondent


Advocates Appeared:
Mr. Rana Ranjit Singh, Advocate
Mr. Pawan Kumar Singh, Advocate

JUDGMENT:

1. The petitioner is aggrieved by an order dated 2nd February 2008 passed by the learned Civil Judge on an application under Section 151 CPC whereby the learned Civil Judge directed the plaintiff/ landlord to clear the dues with electricity department, if any, and get the electricity connection restored in the suit property within a month, in case the respondent/tenant deposits 50% of the arrears of rent from 1st September 2006 to 31st January 2008 and deposits the remaining 50% after restoration of electricity connection.

2. Brief facts relevant for the purpose of deciding this petition are that the plaintiff (petitioner herein) let out the premises bearing No.57/2, Naniwala Bagh, Azadpur, Delhi to the defendant (respondent herein) on a monthly rental of Rs.5000/- excluding all water and electricity charges on 1st October 2003. The lease was for a period of 3 years and it expired on 30th September 2006. There was a clause of enhancement of rent at the rate of 5 per cent. The electricity and water charges were to be paid by the defendant as per the consumption shown by the sub meter installed therein. The plaintiff found that there was a huge difference in the electricity







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