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2014 Supreme(UK) 376
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Singh, J.
Sardar Charanjeet Singh and others - Petitioners
Versus
Smt. Jahuran and others – Respondents
Writ Petition No. 721 (MS) of 2014
Decided On : 04.04.2014
Advocate Appeared:
Mr. K.N. Joshi, Advocate for the petitioner.
The court upheld the tenant's right to install electricity connection under Section 28-B of the U.P. Act No. 13 of 1972, emphasizing that the pending eviction suit cannot deprive the tenants of basic amenities.
Headnote:
Electricity Connection - Tenant's Right - The court upheld the tenant's right to get electricity connection installed in the disputed premises under Section 28-B of the U.P. Act No. 13 of 1972, emphasizing that the pending suit for eviction cannot deprive the tenants from basic amenities.
Fact of the Case:
The landlord filed a petition challenging the order allowing the tenant to get electricity connection installed in the disputed premises, arguing that the pending eviction suit deprived the tenants of this right.
Finding of the Court:
The court dismissed the petition, emphasizing the tenant's right to install electricity connection and stating that the pending eviction suit cannot deprive the tenants of basic amenities.
Issues: Tenant's right to electricity connection, pending eviction suit, abuse of process of law
Ratio Decidendi: The court interpreted Section 28-B of the U.P. Act No. 13 of 1972 to uphold the tenant's right to install electricity connection and emphasized that the pending eviction suit cannot deprive the tenants of basic amenities.
Final Decision: The petition was dismissed, and the court found no merit in the petition, stating that it seemed to be an abuse of process of law.
Alok Singh, J.
Landlord/petitioner has filed present petition assailing the order dated 11.03.2014 passed by Prescribed Authority/Civil Judge (SD), Dehradun in Misc. Case No. 12 of 2013.
2. Learned counsel for the petitioner submits that against the tenant/respondents, a suit for eviction being JSCC No. 21 of 2013 is pending disposal before Judge, Small Causes Court, Dehradun, therefore, after termination of tenancy, tenant/respondents have absolutely no right to get the electricity connection installed in the disputed premises and learned Prescribed Authority was not competent to permit the tenant/respondents to get the electricity connection installed in the disputed property.
3. I do not agree with submissions made by Mr. K.N. Joshi, Advocate, appearing for the petitioner, for the following reasons:
i. Section 28-B of the U.P. Act No. 13 of 1972 reads as under:
“28-B. Tenant's right to get water connection and sanitary fittings installed.-
Notwithstanding anything contained in any law for the time being in force relating to a local authority, the tenant (including a sub-tenant) shall have the right to get water connection, electric connection and sanitary fittings installed in the building under his tenancy at his own cost, and the provisions of sub-section (3) of Section 26 shall apply in relation to every such installation.”
A perusal of Section 28-B would demonstrate that tenant including sub tenant shall have right to get water connection, electricity connection and sanitary fittings installed in the building under his tenancy at his own cost.
ii. No eviction order has been passed as yet against the tenants/respondents and merely because suit for eviction is pending against the tenants/respondents, cannot be made basis of depriving the tenants/respondents from the basic amenities like electricity and water connection, which they can install at their own cost and in the event, suit for eviction is decreed against them, they shall not be entitled for any cost from the landlord.
4. I do not find any merit in the petition, which seems to be abuse of process of law, therefore, present petition is dismissed in limine.
5. CLMA No. 3161 of 2014 also stands disposed of.
