MAYA DEVI Vs. THAKUR NARENDRA SINGH

JUDGEMENT

(1.) This is a revision under Section 115 of the Code of Civil Procedure against the judgment and order dated 10.2.2003 passed by the Additional Civil Judge (Senior Division)/Prescribed Authority under the Uttar Pradesh Urban Buildings Act, 1972, Kheri in Rent Case No. 2 of 2002, Thakur Narendra Singh v. Smt. Maya Devi, allowing the application under Section 27 of the U. P. Urban Buildings Act, 1972, for restoring the supply of electricity.

(2.) I have heard the learned counsel for the revisionist.

(3.) The revisionist has let out her house to the defendant-Opposite party No. 1 on 16.12.1997 on a monthly rent of Rs. 1,700 per month. The electricity expenses were to be paid separately. It was alleged in the suit that the Opposite Party No. 1 did not pay monthly rent and the electricity charges in spite of the notices to him. On 9.5.2001, the notice determining the tenancy was pasted on the gate of the house. The plaintiff demanded Rs. 62,900 as rent and Rs. 6,627 as electricity charges. The suit is pending which is registered as Suit No. 3 of 2001. During the pendency of the suit, the opposite party No. 1 moved an application under Section 27 of the U. P. Urban Buildings Act, 1972, with the allegations that his electricity supply has been disconnected since the month of April, 2002. This application was registered as Rent Case No. 2 of 2002 before the Prescribed Authority appointed under the aforesaid Act. The revisionist filed the objection and contended that the applicant is not a tenant of the revisionist because his tenancy was terminated on 9.5.2001 and as such, the provisions of U. P. Urban Buildings Act, 1972, are not applicable in his case. It was also contended that the electricity was disconnected in June, 2001, by the authorities of the electricity department due to non-payment of the electricity dues.