NIRMALA KAUNDAL Vs. BHUPENDER SHARMA @ BHUP RAM SHARMA

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, is maintained by the petitioner against the order dated 29.10.2015, passed by learned District Judge, Shimla, H.P., in Rent Appeal No. 27-S/14 of 2015, whereby order dated 29.11.2014, passed by learned Rent Controller, Court No. 1, Shimla, in Rent Petition No. 23-2 of 2014 has been set aside.

(2.) Briefly stating facts giving rise to the present petition are that the present respondent/tenant has filed a petition, under Section 11 of the Rent Act, against the petitioner/landlady qua the rented premises, i.e. shop, situated near Police Station, BCS, New Shimla, wherein it has been averred that the respondent/tenant is running a mobile repair shop in the said premises, under the name and style of M/s Anjali Cell Care. The monthly rent of the said shop is Rs. 7,705/- per month. As per the respondent/tenant, the premise was rented out in the year 2009, on the basis of oral agreement between the parties. Alongwith the petition, the respondent/tenant has also moved an application under Section 11(3) of the Rent Act, wherein it has been alleged that the petitioner/landlady is harassing and coercing him to vacate the rented premises and on 18.07.2017, the landlady has cut of the electricity connection from the rented premises. It has been further alleged in the application that without electricity supply, the respondent/tenant is suffering from financial loss of Rs. 2,500/- per day and, therefore, the electricity supply may kindly be ordered to be restored.

(3.) The petitioner/landlady resisted the application by filing reply and admitted therein that the applicant is running mobile repair shop in the name and style of M/s Anjali Care Centre. It has been further averred in the reply that no electricity connection or fitting has ever been provided to the respondent/tenant by her and the applicant himself has done electricity fitting in the tenanted premises and there is no independent meter in the said premises, as such, she is unable to provide electricity to the respondent/tenant. Lastly she prayed for dismissal of the application.