BHANWAR LAL Vs. SHYAMJI

JUDGEMENT

(1.) APPELLANT by Shri N.K. Patni. He is heard on admission. This appeal is directed against the judgment and order dated 5.9.1991 of the VIth Addl. Judge to the Court of District Judge, Ujjain, passed in Misc. Civil Appeal No. 20/91 whereby the present appellant's appeal against the order of the Rent Controlling authority has been dismissed.

(2.) THE brief history of the case is that respondent is the tenant of present appellant. It is alleged that the tenant was in possession of the room which was being used as shop but appellant-landlord locked and bolted it from inside. Therefore, he filed an application for breaking open of the lock and allow the service of door for entry and exit.

(3.) THE contention of the learned counsel for the appellant is that Section 38 of the Act applies for essential supply and service like electricity, water and such things but it will not cover a case of opening of the door.