N D M C Vs. SOHANLAL SACHDEV DEAD

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The core question that arises for determination in this case is whether use of premises for the purpose of a guest house can be termed as 'domestic use' for the purpose of electricity charges by the New Delhi Municipal Council (NDMC)

(3.) The factual backdrop of the case, shorn of unnecessary details, may be stated thus: Sohan Lal Sachdev, deceased, represented by legal representative, was the landlord of the premises bearing No. 49, Golf Links, New Delhi. He occupied the ground floor of the said premises. In the month of September, 1981, he let out the first floor and the Barsati floor to Sachdeva Guest House for running a guest house. When this fact was intimated to the Corporation Authorities by the landlord, demands of electricity and water charges were made according to 'non domestic rates' with effect from 1-10-1981. The landlord protested against the demand stating that the user of the premises for running a guest house cannot be said to be a commercial use of the premises and therefore the demand is unsustainable. Thereafter, the landlord filed a suit, Suit No. 230 of 1982, seeking a decree of injunction against the NDMC restraining it from raising demand on the basis of commercial user of the premises on the ground as noted above.