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1979 Supreme(MP) 618

S.R.VYAS
Kusumbai – Appellant
Versus
Padmabai – Respondent


Short Note :

1. This is an appeal u/s 32 of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) against an appellate order passed by the District Judge, Ujjain. under section 31 of the Act.

2. Facts giving to this appeal are these : The appellant is the landlady of the suit accommodation in which the respondent is tenant. By an application made by the tenant under section 10 and section 38 of the Act, it was complained that while she was occupying the disputed premises as a tenant her electricity supply was cut off and one of the rooms occupied by her as a tenant was demolished. She, accordingly, prayed that the supply of electricity be resumed, the demolised room be reconstructed and rent of the accommodation be re-fixed in the light of the aforesaid circumstances.

Held: According to the provisions of section 38 of the Act, there is a prohibition against the cutting off or withholding of essential supply or service enjoyed by the tenant in respect of the accommodation let to him. In the instant case, the first contention of the respondent was that one of the rooms let out on rent to her was deliberately pulled down and by this act has been deprived of the us

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