SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

1986 Supreme(Raj) 812

RAJASTHAN HIGH COURT AT JAIPUR BENCH
D.L.Mehta, J.
Smt. Ajeet Kaur - Appellant
Versus
City Magistrate - Respondent
S B Civil Writ Petition No. 1766 of 1986.
Decided On : 13-11-1986

Every tenant has a right to electricity and water connections, and the consent of the landlord is not necessary.

Headnote:

Tenant's Rights - Electricity and Water Connection - The court held that every tenant has a right to have electricity and water connections, and the consent of the landlord is not necessary. The tenant can directly obtain the connection and is liable to pay the dues.

Fact of the Case:

The petitioner, a tenant, sought restoration and maintenance of electricity and water connections from respondents No. 3 and 4.

Finding of the Court:

The court accepted the writ petition and directed respondents No. 3 and 4 to restore and maintain the connections after realizing any dues. However, if the tenant fails to make future payments, the respondents are at liberty to disconnect the connections.

Issues: Dispute between landlord and tenant's rights, restoration of electricity and water connections, payment of dues.

Ratio Decidendi: The court emphasized that every tenant has a right to electricity and water connections, and the consent of the landlord is not necessary. The tenant can obtain the connection directly and is liable to pay the dues.

Final Decision: The writ petition was accepted, and the court directed respondents No. 3 and 4 to restore and maintain the connections, with the provision for disconnection if the tenant fails to make future payments.

JUDGMENT

1. - Heard learned Counsel for the.parties.

2. It is an admitted fact that the petitioner is a tenant and respondent No. 5 is a land lord. Without taking note of the dispute between the landlord and the tenant's rights and about the arrears it was considered proper by this Court that the respondent No. 3 and 4 may be directed to give water and electricity connection after realisation of the dues if any. The land-lord does not come into picture at all. I think that every tenant has a right to have the electricity and water and that right cannot be denied in the modern times. The respondent No. 3 and 4 are directed to restore and maintain the connection of the petitioner, if they pay regularly the electricity and water dues. The consent of the land-lord in the matter of giving a connection to the tenant is not all necessary. It is the occupier who is getting a connection. The question that there should be the consent of the land-lord is against the norms of the present society and no law provides that there should be a consent of the land-lord. Even if there are administrative instructions they will not come into the way and the tenant will have a right of connection directly from the respondent Electricity Board and the Public Health Engineering Department at their own cost and they will be liable to pay the dues according to the rates fixed The security and other amount will also be deposited by the tenant if not deposited so far.

3. In the facts and circumstances of the case, | accept this writ petition and issue directions to the respondents No. 3 and 4 to restore and maintain the connections after realising the dues if any. However, it is made clear that in case the tenant fails to make payment of the dues in future the respondents No. 3 and 4 will be at liberty to disconnect the connections.

4. The writ petition is disposed of accordingly.Petition Accepted.

*******

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top