JORSINH PEMJIBHAI PUROHIT Vs. TARABEN @ BHAVNABEN NAGINDAS SHAH

JUDGEMENT

(1.) THIS Revision Application is preferred by the original tenant, and is directed against order dated 8th July 2008 of learned Presiding Officer, Fast Track Court No.3, Gandhinagar allowing Regular Civil Appeal No.64 of 2007 of the opponent landlord. The said Regular Civil Appeal was against order dated 3rd March 2007 passed in an application filed under Section 23A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act' for the sake of brevity).

(2.) APPLICANT tenant filed application being No.5 of 2006 before the competent authority and Assistant Collector, Gandhinagar, under Section 23A read with Section 24 of the Rent Act seeking electricity connection in the premises being Room No.2090, Block No.377, Shivnagar Vasahat at Chandkheda, Ahmedabad which was occupied by him as tenant. Since the landlord was not providing electricity supply therein, the said application under Section 23A of the Rent Act was filed by the tenant. It was contended in the said application inter alia that out of the shops constructed by the opponent in what was called 308, LIG Chandkheda Scheme, the applicant had been rented one of the shops by executing Rent Note dated 10th January 1991. It was contended that the landlord had not been accepting rent with mala fide intention and had initiated proceedings against the tenant. It was further the case that the landlord wanted to illegally severe the tenantlandlord relationship and because of his not paying the electricity charges, the supply of electricity in the premises was disconnected by the Electricity Company. The competent authority allowed tenant's application and directed to provide the supply of electricity to the applicanttenant in the premises.

(3.) IT was against the aforementioned order that the landlord invoked subsection (1) of Section 29 of Rent Act and challenged the same in form of Regular Civil Appeal, culminating into the impugned order.