A landlord is not liable to pay electricity dues on behalf of the tenant in the absence of an agreement to that effect.

( 1 ) THIS criminal appeal has been filed by Devi Prasad Tripathi, Advocate complainant under section 378 (4) Cr. P. C. against the judgment and order of Sri J. Chandra, Special Metropolitan Magistrate Kanpur, in a case No. 1049 of 1971 passed on 29. 7. 78 dismissing the complaint and thereby acquitting the accused respondents Smt. Janak, Kishori and her husband Ram Baran of the offence under section 31 read with section 26 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act XIII of 1972 (hereinafter referred to as the Act.

( 2 ) THE brief facts are as follows_: It is admitted that Devi Prasad Tripathi, Advocate complainant, is the tenant of the premises in question of which Smt. Janak Kishori Misra wife of Ram Baran Misra, is the landlady. The complaint of the complainant is that the landlady had cut off the amenity of electric supply to the premises of the complainant which he was entitled to by virtue of the provisions of section 26 of the Act sub- sec. (1) of said sec. 26 provides: No landlord shall without lawful authority or excuse cut off withhold or reduce any of the amenities enjoyed by the tenant. Section 3 1 (1) of the Act provides that: Any person who contravenes any of the provisions of this Act shall be punished on conviction with imprisonment of either description of term which may extend to six months or fine which may extend to five thousand to rupees or with both. Section 33 (1) of the said Act provides that no prosecution for an offence punishable under this Act shall be instituted except on a complaint authorised by the District Magistrate. It is said that since the landlady cut off the electricity supply to the premises on tenancy with the complainant so the requisite sanction or authorisation from the District Magistrate to file the present complaint or to initiate the present prosecution was obtained. It was in that background that the complaint was tried by the learned Special Metropolitan Magistrate, Kanpur.

( 3 ) AFTER Appreciating the evidence on record he recorded acquittal of accused persons and dismissed the complaint.

( 4 ) HERE it may be noted that in the complaint, along with Smt. Janak Kishori Misra, the landlady, her husband Ram Baran Misra was also made accused No. 2, But as is obvious from the relevant provisions quoted above, the offence under sec. 31 of the Act could only be committed by the landlord or the landlady. It is nobodys case that Ram Baran Misra, enjoys such capacity obviously the complaint had to be dismissed against Ram Baran Misra. It was rightly done by the learned magistrate.

( 5 ) SO far as Smt. Janak Kishori, accused no. 1 is concerned she could be convicted of the offence provided she committed any act within the meaning of section 26 of the said Act. The allegation is that she on her own volition had applied to the Electricity Authorities to cut off electricity connected. This fact was deposed to by Devi Prasad, Advocate complainant as P. W. 2. However, no effort was made to bring on record the copy of that application or, to produce any witness from the electricity department who could say that any such application was moved by Snit. Janak Kishori, in the other hand, on the basis of evidence on record the finding of the learned magistrate is that the electricity connection was cut off due to non-payment of electricity due by the tenant.

( 6 ) THE argument advanced by the learned counsel for the appellant is that it wall the duty and obligation of the landlady to deposit the electricity dues to keep the connection alive and if she had made a default in that direction, then it would be considered to be her overt act in securing disconnection. But then the court will have to see what were the rights and obligations between the land lady and the tenant regarding the payment of electricity, dues. If the electricity dues were to be paid by the tenant, then she would not be depositing the electricity dues from her own pocket to keep th