MARTIN BURN LIMITED Vs. KRISHNA ABBI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed for quashing the order dated 27th September 1989 of Shri O.P. Dwivedi. Rent Control Tribunal, Delhi whereby the Rent Control Tribunal bad set aside order dated 1st June 1989 of Shri Gurdeep Kumar, Additional Rent Controller passed under Section 45(3) of the Delhi Rent Control Act. 1958 (hereinafter referred to as -the Act'). The petitioner feeling aggrieved has come up before this court.

(2.) I have beared the learned counsel for the parties and have gone through the lower court files and after giving my considered thought to the matter before me I have come to the following findings.

(3.) The petitioner is a tenant of first floor in premises No. C-3, Friends Colony, New Delhi under the respondent and it had filed a petition under Section 45 of the Act for directions to the respondent-landlady to remove the obstructions in the water pipe line. and to restore and ensure normal water supply to the said premises through direct pipe line as well as through overhead water tank and booster pump on the allegations that the respondent-landlady wants the petitioner to vacate the said premises and has been prsesing respondent to do so but the petitioner has declined and in consequeace the respondent filed an eviction petition against the petitioner on the ground of bona fide personal requirement which petition wai pending as Petition No. E-213/88 in the court of Shri Gurdeep Kumar, Additional Rent Controller, which was being contested by the petitioner; that the respopdent being agitated, on 21st December, 1988 cut-off/stopped the water supply to the said premises and is also tempering with the regular supply of electricity since then with view to harass/compel the petitioner to vacate the said premises and/or enhance the rent.