AMRUTRAO TATYAJI KADAM Vs. SHARADBHAI CHIMANRAO FANASE

JUDGEMENT

(1.) In this petition, the challenge is against the order passed by the Deputy Collector on 15-12-1978 in Tenancy Case No. 72 of 1977, whereby tenant's application for supply of electricity at his own costs under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "Bombay Rent Act") came to be rejected.

(2.) The petitioner is a tenant residing in the premises of the respondent situated in Dandiya Bazar at Baroda without electric supply since 40 years. Therefore, the petitioner-tenant requested the landlord to provide him electric connection or to give consent for supply of electricity. Request of giving permission to take electric connection in the rented premises was turned down by the respondent-landlord.

(3.) The tenant thereafter took recourse of provisions of Sec. 23A of the Bombay Rent Act. Said provisions are relevant and material for deciding this petition and therefore, it would be appropriate to refer to it. Section 23A of the Bombay Rent Act reads as under :-