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2010 DIGILAW 2086 (PNJ)

Bhag Chand Goel v. Narinder Pal

2010-07-22

KANWALJIT SINGH AHLUWALIA

body2010
Judgment Kanwaljit Singh Ahluwalia, J. 1. Respondent No.1/tenant had filed an application under Section 10 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "1949 Act") with a prayer that amenities for enjoyment of the tenanted premises be restored. Vide order dated 5.10.2009, the Rent Controller, Ludhiana, after going through the entire gamut and arguments advanced, gave following directions :- "...So, I allow the application of the petitioner/tenant and directing the respondent/landlord to restore the amenities like placing of water tank removed from the roof and also for restoration of electric connection bearing account No. WSIKS35006961H which was got disconnected by the respondents illegally and forcibly from the tenancy premises, within one month from the date of the order". 2. Aggrieved against the same, the petitioner has preferred the present revision petition. 3. On 4.11.2009, a Co-ordinate Bench of this Court, while issuing notice of motion, directed that order dated 5.10.2009, passed by the Rent Controller, Ludhiana, shall be implemented on deposit of the water and electricity charges by the respondent/tenant. 4. Learned counsel for respondent No.1/tenant submits that he has complied with the directions issued in interim order dated 4.11.2009, yet amenities have not been restored. 5. Learned counsel for the petitioner submits that the eviction petition under Section 13 of the 1949 Act has also been filed by the petitioner, wherein the provisional rent has been assessed but the tenant had not deposited the same. This fact is controverted by learned counsel for respondent No.1/tenant by submitting that the provisional rent, as assessed by the Rent Controller, Ludhiana, has been paid. 6. In these circumstances, respondent No.1/tenant is entitled to enjoy the amenities of the tenanted premises, especially when the provisional rent as assessed by the Rent Controller, Ludhiana, has been paid. No fault can be found with the directions given by the Rent Controller, Ludhiana. The petitioner is directed to restore the amenities, within a period of one month from the date of receipt of a certified copy of this order. 7. With the observations made above, the present revision petition is disposed of.