LACHHMAN BHATIA Vs. N K MEHRA

JUDGEMENT

(1.) The present appeal is directed against the order dated September 17, 1983 passed by the Addl.Rent Controller and judgment dated November 2, 1983 passed in appeal by the Rent Control Tribunal, Delhi.

(2.) The learned Additional Rent Controller disposed of an application filed by the petitioner under Section 45(3) of the Delhi Rent Control Act (hereinafter referred to as `the Act') for directing the respondent to restore the electricity supply in the premises i.e. room No.5A Metro Hotel, N-49 Janpath, New Delhi which are allegedly in possession of the appellant. It is contended that the electricity supply has been withheld without any basis and sufficient cause. The appellant, it is stated, is in occupation of one room in Metro Hotel since the year 1966 and is running an overseas Travels Agency in the said room. It is stated that the appellant has not paid rent/lodging charges to the respondent till date and as per admission of the appellant he deposited Rs.2520.00 under Section 27 of the Act subject to adjustment. The electricity supply has been dis-connected long ago and various litigations are stated to be pending between the parties. The learned Rent Controller disposed of the application under Section 45(3) of the Act. The operative portion as contained in paragraph 4 of the order reads as follows:

(3.) The appeal against the above said order was dismissed by the learned Rent Control Tribunal on November 2,1983. Paragraph 12 of the judgment may be reproduced as follows: