B NARAYANA KAMATH Vs. S SANJIVA NAIKA

JUDGEMENT

(1.) This petition by the tenant is directed against the order, dated 7-11-1974, passed by the learned Principal Munsiff, Karkal, in H. R. C. No. 22/1973, dismissing the said petition which was filed by the tenant under Section 43 of the Karnataka Rent Control Act.

(2.) Brief facts of the case are that the tenant filed an application on 9-10-1973, under Section 43 of the Act for a direction to the landlord-respondent here in, to restore supply of water to the leased property from the pipeline fitted to overhead tank situate in the landlord's property and to direct the landlord to pay damages at the rate of Rs. 50/- per cent until restoration and to pay Rs.100/- towards compensation to the tenant and also to award costs of the proceedings.

(3.) The allegations in the petition are to the effect that the petitioner is a tenant of door No. 3-546 of Karkala Town Municipality under the landlord, on a monthly rent of Rs. 25/- since 1958 under a lease deed executed between the parties. The water of the well situate in the hotel "Ranganatha Cafe" is contaminated by dirt and fifth because of the percolation of impure and unhygeinic water from the adjoining lake and the water cannot be used even for cleaning and washing purposes. The tenant also stated that the landlord was supplying water throughout 24 hours through a pipe fitted for a furlong to a concrete tank, which is filled with well water through a motor engine, and connected to the overhead tank. The landlord was also collecting Rs. 30/- since 3 1/2 years. He also stated that it is an essential service and the landlord disconnected the supply of water from 7-9-1973 without any cause and has contravened Section 43 of the Act and therefore prayed for the aforesaid reliefs which are fully adverted to above.