The tenant cannot enjoy the premises let out to him by the landlord unless and until it is coupled with other essential supplies/services without which the living in that premise is not possible. These includes water, electricity, lights in passages and on staircases, conservancy and sanitary services.1 Section 45 of the RCA makes it obligatory on the part of the landlord to provide those essential supplies or services and not to cut off or withhold the same. Therefore, section 452of the Rent Control Act, makes these provisions. It provides that no landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.3If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such contravention.4If the Controller is satisfied that essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).5The section further provides that an interim order may be passed under this sub-section without giving notice to the landlord.6If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service.7The Controller may in his discretion direct that compensation not exceeding fifty rupees—
________________
1. Explanation I to section 45.
2. Cutting off or withholding essential supply or service.
3. Sub-section 1.
4. Sub-section 2.
5. Sub-section 3.
6. Explanation to sub-section 3.
7. Sub-section 4
(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause.1
By way of explanation it has been mentioned in this section that “essential supply or service” includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.2Similarly, it is also clarified in the section that for the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any order competent authority.3
Question of law decided: The term “amenities” and “essential supply and service” in section 45 of the Delhi Rent Control Act, also include water closet, bath room and kitchen and as such they form part of the tenancy.
Facts of the case: The tenant had applied under section 45(1) of the Act, stating that he had been deprived of the use of a water closet, bath room and kitchen which formed part of this tenancy and the same should be restored. An application for interim relief was moved under section 45(3) of the Act, pending the enquiry. The learned Additional Rent Controller found that the tenant had let out a shop along with a bath room, water closet and a small room at the back and hence he passed an interim order under section 45(3). The landlady’s appeal to the Tribunal failed. The decision of the Tribunal was based on the decision of the court in Naresh Rani v. Hari Dutt, 1972 Rent Control Reporter 407, in which it was held by B.C. Misra, J. that a bathroom was an essential supply within the meaning of section 45(1) of the Act. Before the learned single
Judge, in appeal, the learned Counsel relied upon the decision of Mysore High Court in Savithramma v. Ramdas, 1973 Rent Control Reporter 839 wherein it was held that under the Mysore Rent Control Act, section 43 of that Act was not available for restoring possession of a kitchen, bathroom and latrine to a tenant from whom forcible possession has been taken by the landlord. Various other decisions were brought to the notice of the learned single judge. As there was some conflict between the decisions, the case was placed before the Division Bench of the Delhi High Court.
Finding of the Court: In second appeal, the Division Bench of Delhi High Court, comprising of D.K. Kapoor, J and D.P. Wadhwa, J, after perusal of section 45 of the Rent Control Act and case law on the subject observed as under:
“We are of the view that each case has to be viewed on its own facts, as observed by B.C. Misra, J. in the aforementioned case. If deprivation
_______________
1. Sub-section 5.
2. Explanation I to sub-section 5.
3. Explanation II to sub-section 5.
prevents the proper enjoyment of the premises, then it is a cutting off of an essential supply or service. Cutting off of an essential electricity and water is a much smaller instance of cutting off an essential supply then deprivation of the kitchen, bathroom and water closet. These three items are essential services without which the premises cannot be properly enjoyed by the tenant. We note that the premises in question are situated in the Connaught Place area. If there is no kitchen, bathroom and latrine, untold misery must result to the tenant. A tenant not getting water, cannot use the premises for quite ordinary purposes, which are essential for proper utilisation of the leased property. We, therefore, agree with the view expressed by B.C. Misra, J. Now turning to the facts of the case, it has been held by the Rent Control Tribunal as well as by the Additional Rent Controller who passed the initial order, that this was a case of cutting off an essential service or supply and hence the tenant was entitled to an immediate order.
If we turn to sub-section (3) of section 45, the language can be used to illustrate the meaning of the phrase ‘essential supply or service’ with a little more accuracy. This sub-section states that if the supply or service was cut off or withheld with a view to compel the tenant to vacate the premises, the Controller may pass an order directing the landlord to restore the amenities immediately. It is noticeable that here the legislature has used the word ‘amenities’. We have already referred to some cases where other rent control acts have used the word ‘amenities’ in place of ‘essential supply or service’. The word ‘amenities’ normally connotes something which may be included in the tenancy and is not something external to it. The use of the word ‘amenities’ in sub-section (3) of section 45 seems to indicate that the legislature was not making any distinction between the phrase ‘essential supply or service’ and the word ‘amenities’ and was using them in same manner indicating that the meaning was the same. This sub-section, therefore, gives us a better indication of the real meaning of the phrase ‘essential supply or service’ as used in the section. If the legislature had wanted to make a distinction between the phrase, ‘essential supply of service’ and the word ‘amenities’ then instead of allowing the controller to pass an order to restore the amenities, the legislature would have stated that ‘service or supply’ can be directed to be restored. This indicates that proper construction of the section is by giving a wide meaning to the term essential supply or service and not in narrow meaning. The controversy is to be resolved, therefore, in confirming the view taken by B.C. Misra, J.”
Under these circumstances, order of the Rent Control Tribunal was upheld and the appeal was dismissed with costs.
© Universal law Publishing Co.