Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. VIVEK BENIWAL
SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER, EAST,
KARKARDOOMA COURTS, DELHI
SUIT No.:- 566/2026
CNR No.:- DLET03-000919-2026
IN THE MATTER OF:-
1. Sh. Dilip Kumar Jaiswal
….......Plaintiff
Versus
1. Ms. Munni Devi Rohatgi
2. BSES Yamuna Power Limited
….......Defendants
ORDER
1. This order shall dispose of the plaintiff’s application under
Order XXXIX Rules 1 and 2 read with Section 151 of the Code of
Civil Procedure seeking restoration of electricity supply in the suit
premises.
2. The case of the plaintiff is that he is a tenant in the suit premises
and that the electricity supply has been disconnected at the instance of
the defendant-landlord, rendering the premises uninhabitable. The
defendant opposes the application on the ground that the plaintiff is in
arrears of rent and electricity charges and, therefore, is not entitled to
the relief claimed.
CS No: 566/2026
Dilip Kumar Jaiswal Vs. Munni Devi Rohatgi
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3. Notice was also issued to the concerned electricity distribution
company. The distribution company has informed the Court that the
electricity connection standing in the name of the defendant was
disconnected on the instructions/request of the registered consumer.
4. At this stage, this Court is not required to adjudicate upon the
rival claims regarding the alleged arrears of rent or electricity charges.
Those issues are matters for trial and shall be decided on the basis of
evidence led by the parties. Prima facie, however, it is not in dispute
that the plaintiff is in possession of the suit premises.
5. Electricity is an essential amenity necessary for the enjoyment
of the premises. Even assuming that the plaintiff is in arrears of rent
and/or electricity charges, the dispute regarding such dues cannot, at
this interlocutory stage, justify deprivation of an essential service. The
landlord has appropriate legal remedies for recovery of arrears and
enforcement of his rights in accordance with law. On the other hand,
denial of electricity during the pendency of the suit would cause
irreparable hardship to the plaintiff and the balance of convenience
lies in ensuring availability of electricity, subject to appropriate
safeguards.
6. In the facts and circumstances of the case, this Court is of the
opinion that directing restoration of the earlier connection may not be
the most appropriate course since the said connection stands in the
name of the defendant and disputes regarding outstanding dues are
pending. The ends of justice would be adequately served by directing
the distribution licensee to provide an independent temporary
electricity connection to the plaintiff in accordance with the applicable
provisions and regulations.
7. Accordingly, the application is disposed of with the following
CS No: 566/2026
Dilip Kumar Jaiswal Vs. Munni Devi Rohatgi
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directions:
a. The concerned electricity distribution company shall process
the plaintiff’s application for a temporary/independent electricity
connection for the suit premises and subject to the plaintiff fulfilling
the requisite statutory and procedural requirements, including payment
of the prescribed security, installation charges and other applicable
charges, shall release such connection in accordance with law within 7
days from the date of submission of the requisite documents.
b. The plaintiff shall be liable to pay all future electricity
consumption charges in respect of the said connection directly to the
distribution company and shall comply with all applicable terms and
conditions governing the supply of electricity.
c. The grant of such temporary/independent electricity connection
shall be purely as an interim arrangement and shall not create, confer
or recognize any right, title or interest in favour of the plaintiff in
respect of the suit property, nor shall it prejudice the rights and
contentions of either party in the present suit or in any other
proceedings.
d. Nothing contained in this order shall be construed as an
expression of opinion on the merits of the disputes relating to tenancy,
arrears of rent, electricity dues or any other issue, all of which shall be
decided independently at the appropriate stage.
8. At request, copy of this order be given dasti to the plaintiff.
Announced in open court
on this 27.07.2026.
Vivek Beniwal
Senior Civil Judge-cum-RC (East)
Karkardooma Courts, Delhi
CS No: 566/2026
Dilip Kumar Jaiswal Vs. Munni Devi Rohatgi
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