Cutting off or withholding essential supply or service

(1) 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 building or rented land let out to him.

(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such contravention.

(3) If the Controller is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compelling 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). Explanation.-An interim order may be passed under this sub-section without giving notice to the landlord.

(4) If the Controller, on inquiry, finds that the essential supply or service enjoyed by the tenant in respect of the building or rented land 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.

(5) The Controller may, in his discretion, direct that compensation, not exceeding one hundred rupees,- (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.

Explanation-l.-In this section, "essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.

Explanation-II.-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 other competent authority. Then an application is made to the Controller under this Act the landlord or as the case my be the tenant of, a building of rented land shall furnish to the Controller, or any person authorised by him in that behalf, the following particulars, namely:- (a) name and number of the building or related land, if any, or its description and boundaries sufficient to identify it; (b) street and municipal ward of division in which the building or rental land is situated; (c) Name and address of the landlord if the particulars are furnished by the tenant and name and address of the tenant, if the particulars are furnished by the landlord; (d) whether the building is a residential, Non-residential; and (e) nature of amenities provided by the landlord to the tenant.