Jurisdiction under Section 38 requires previous enjoyment of the essential supply by the tenant.

1. Respondent No. 1 is running tailoring shop since 40 years as tenant of appellant. Admittedly, there is no electric connection in the suit accommodation. Respondent No. 1 applied for new electric connection, was opposed by the appellant, respondent No.2 refused to supply electric energy. Therefore, respondent No.1 made an application under S.38 of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') before the Rent Controlling Authority (hereinafter referred to as the "RCA" ). The above application was allowed. An appeal preferred thereagainst before the first appellate Court was dismissed vide impugned judgment and decree dated 10th September, 2008, hence this appeal under S.32 of the Act.

2. Shri Somnath Verma, learned counsel appearing for the appellant would submit: admittedly, there is no electric connection in the suit shop enjoyed by the tenant. In the absence of cutting off or withholding supply of electric energy by the appellant, the learned RCA has no jurisdiction to pass the order under S.38 of the Act, therefore, the judgment and decree impugned as well as the order passed by learned RCA are perverse and deserves to be set aside.

3. On the other hand, Shri Rajeev Shrivastava, learned counsel appearing for respondent No.1 would submit that the electricity is a necessity for proper enjoyment of accommodation and the words "enjoyed by the tenant" would mean right to enjoy the supply of electricity.

4. I have heard learned counsel for the parties, perused the judgment and decree and the records of the Courts below.

5. The question falls for determination of this Court is whether mandate to supply of electric energy which was not enjoyed by the tenant in respect of suit accommodation is within the purview of S.38 of the Act, and whether the RCA is empowered for such direction to the landlord.

6. S.38 of the Act, reads as under :
"38. Cutting off or withholding essential supply or service.--(1) 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 accommodation let to him.
(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Rent Controlling Authority complaining of such contravention.
(3) If the Rent Controlling Authority on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the accommondation was cut off or withheld by the landlord without just and sufficient cause, it shall make an order directing the landlord to restore such supply or service.
(4) The Rent Controlling Authority may in its discretion direct that compensation not exceeding fifty rupees --
(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause."

7. The Section prohibits the landlord himself or through any person purporting to act on his behalf from cutting off or withholding any essential supply or service enjoyed by the tenant in respect of the accommodation let to him without just and sufficient cause. It enables the tenant to seek his redress by making an application to the RCA complaining of such contravention by the landlord.

8. One can withhold only which one was holding out or giving out or supplying. Therefore, the very expression connotes voluntarily stopping of something which was being supplied voluntarily. The section is aimed at