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2001 Supreme(HP) 386

C.K.THAKKER
BHAWANI CHARAN – Appellant
Versus
CHANDER LOK SWEET SHOP – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sunil Goel, Advocate. For the Respondent:Mr. B.K. Malhotra, Advocate

JUDGMENT C.K. Thakker, C J. :- This revision is filed by the landlord against t the tenant. Being aggrieved by the order passed by the Rent Controller, Kullu on August 30,1999 in R.P. No.7/98 and confirmed by the Appellate authority, Kullu in C.A. No. 104 of 1999 on May 1, 2001.

2. The petitioner is the landlord whereas the respondent is the tenant. In proceedings for eviction by the landlord against the tenant, an application was made under sub-section (2) of Section 11 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act) by the tenant complaining that the landlord had contravened the provisions of sub-section (1) of Section 11 of the Act and has cut off/withheld essential service. The case of the tenant was that a roof was removed by the landlord and since it can be said to be "essential service" as defined in the said section, interim relief was necessary.

3. Sub-section (1) of Section 11 declares that no landlord either himself or through any person purporting to act on his behalf shall, without just and sufficient cause, cut off or withhold any essential supply or service enjoyed by the tenant in respect of the building or rented land let out to him. If










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