JUDGMENT

Gulati, J. - The petitioner is a tenant in a portion of House No 108/126 Gandhi Nagar, Kanpur. This accommodation is on the first floor. It appears that the landlord added a second storey to his building and in order to supply water to the tenants of the second floor he constructed a reservoir on the ground floor from which water is pumped to the second floor by means of an electric motor. As a result of this, the supply of water to the first floor where the petitioner resides might have been diminished. The petitioner complained about inadequate supply of water and ultimately moved an application under Section 26 of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, for the restoration of the water supply to him. This application was rejected in the following words :

"I have heard the learned counsel for the parties. At best, it can be said that the landlord has reduced the water supply by opening the tap on the ground floor continuously because it is not the case of the applicant that landlord has withheld or cut off pipe connection. The intention of the landlord is that several other tenants use ground floor tap and he cannot restrain them from