May - High Court of Judicature at Allahabad

2All] Ved Prakash Tyagi V. Ist A.D.J., Pilibhit and another 23
lessor provides other amenities or furniture
in addition to the accommodation which has
been let out, unless the intention of the parties
is that the amount fixed for providing such
amenities be also treated as rent, the amount
taken separately for furniture and other
amenities may not form part of rent. Normally
the electricity charges are taken by the
landlord for the purpose that he is providing
electricity to the tenant and for such facility
he has to pay the amount of electricity charges
to the Electricity Board or such authority from
whom the electricity connection has been
taken and the landlord is liable to pay for the
consumption of electricity by the tenant. In
absence of any specific agreement or proof in
this respect it cannot always be termed that
the amount of electricity charges forms part of
the rent.
6. Learned counsel for the respondent has
placed reliance upon the decision Puspa Sen
Gupta v. Susma Ghose, 1990 ACJ 607,
wherein it has been held that the additional
sum of Rs.8/- per month agreed by the tenant
to be paid to the landlord may. Amount as
part of the rent. This was based on the
interpretation of the provision of sub-section
(3) of Section 8 of the West Bengal Premises
Rent Control Act. This case has no
application to the facts of the present case
where the plaintiff has to prove that the
amount was liable to be paid by the petitioner
as part of the rent
7. The next question is as to whether the
tenant is also liable to deposit the amount of
electricity charges for claiming the benefit of
sub-section (4) of Section 20 of the Act.
Section 7 of the Act provides that water tax
shall form part of the rent. In Kumud Kumar
Kaushik v. IV Additional District Judge,
Ghaziabad and others, 1991 (2) ARC 354, it
has been held that for claiming the benefit of
Section 20(4) of the Act a tenant is not
required to deposit the amount of house and
water tax. Similarly, the tenant while claiming
the benefit of Section 20(4) of the Act is not
required to deposit the amount of electricity
charges. The petitioner having deposited the
entire amount of rent as claimed in the relief
clause ‘b’ of the plaint, is entitled to the
benefit of provision of Section 20(4) of the
Act.
8. In view of the above, the writ petition is
partly allowed. The orders passed by the
courts below dated 30.8.1991 and 21.2.1998
in respect of ejectment of the petitioner are
hereby quashed.
9. Considering the facts and circumstances
of case the parties shall bear their own cost.
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