Gauhati High Court
Dilip Kumar Deb vs Subrata Dasgupta on 31 January, 2022
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GAHC010149392021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/52/2021
DILIP KUMAR DEB
S/O- LATE DHIRENDRA KUMAR DEB, R/O- SHYAMAPRASAD ROAD
(SHILLONGPATTY), SILCHAR TOWN, P..S SILCHAR, DIST.- CACHAR,
ASSAM, PIN- 788001.
VERSUS
SUBRATA DASGUPTA
S/O- LATE CHITTA RANJAN DAS GUPTA, R/O- PREMTOLS, SILCHAR TOWN,
P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788001.
Advocate for the Petitioner : MR. S K GHOSH
Advocate for the Respondent : MR. S D PURKAYASTHA
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 31.01.2022.
Heard Mr. S.K. Ghosh, learned counsel appearing for the petitioner.
Also heard Mr. S.D. Purkayastha, learned counsel appearing for the
respondent.
2. This is an application under Article 227 of the Constitution of India,
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whereby the judgment and order dated 26.08.2021, passed by the learned
Civil Judge No.2, Cachar, Silchar in Misc. Appeal No. 05/2021 is put to
challenge.
3 The factual matrix giving rise in filing this revision petition lies
within a very short campus.
4. The petitioner is a tenant under the respondent and the suit has
been filed against him for his ejectment on certain grounds. During the
pendency of the suit, the electricity connection to the rented premises was
discontinued by the respondent/landlord. The petitioner approached the
learned trial court, but the trial court issued notice only. Thereafter, the
petitioner filed an appeal before the court of the learned Civil Judge No.2
at Cachar, Silchar, which was also dismissed.
5. I have given my anxious consideration to the submissions made by
the learned counsel for both sides.
6. At this stage Section 6 of the Assam Urban Areas Rent Control Act,
1972 is relevant. Section 6 as under:-
Duties of landlord.- Every landlord shall be bound to keep wind-proof and
water-proof any house which is in occupation of a tenant and to carry out other
repairs which he is bound to make by law, contract or custom and also to maintain the
existing essential supplies and services such as sanitary arrangement, water supply,
supply of electricity or drainage service in respect of the house.
Explanation.- "Repair" includes annual whitewashing and recolouring.
7. Now Section 7 of the Act of 1972 is quoted as under:-
Notice on landlord to perform duties.-(1) if the landlord neglects to make
such repairs or to maintain such existing essential supplies and services he is bound to
do under the provisions of Section 6, the Court may, on the application of the tenant,
direct the landlord by notice to appear before, it and to show cause against the
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application of the tenant.
(2) If the landlord fails to show sufficient cause, the Court may direct him to
make such repairs or as the case may be, to take such measures for the restoration of
the essential supplies and services as contemplated in Section 6 within a period fixed
by the Court.
(3) If the landlord fails to show sufficient cause, the Court may direct him to
make such repairs or take such measures within the period fixed by the Court, the
Court may on application of the tenant permit him to make such repairs or take such
measures, as the case may be, at a cost not exceeding the amount may consider
necessary; and it shall thereafter be lawful for the tenant to make such repairs or take
such measures and to deduct the cost thereof from the rent or to recorder the amount
from the landlord through the court by execution, and for the purpose of this sub-
section the order of the Court shall be deemed to be decree under the Code of Civil
Procedure, 1908(Central Act 5 of 1908) and to be capable of execution as such under
the provisions of that Code.
8. This Court in Ramjilal Sharma v. Purushottam Lal Sharma , reported
in 1983 1 GLR 342 has already held that it is the duty of the landlord to
see that the essential supplies to the rented premises are not destructed
and if such things happened then it will be the bounded duty of the
landlord to make good of it. Section 7 of the 1972 empowers the Court to
that effect.
9. The electricity supply is an essential service. Therefore, the learned
trial court as well as the first appellant court should have interfered. They
failed to exercise their lawful duty. For this reason, it is hereby directed
that within 7 days, the respondent/landlord shall restore electricity
connection to the premises of the petitioner. If the respondent/landlord
fails to do so, the petitioner shall have the liberty to apply for a new
electricity connection. It is further directed that if the petitioner manages
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to get a new electricity connection, this fact will have no impact in the
ultimate result of the suit.
10. With the aforesaid directions, the present revision petition stands
disposed of.
JUDGE
Comparing Assistant
