P&H HC orders landlord to restore water, power to Ludhiana tenant within 48 hrs
Cutting amenities to force eviction is barred by S. 11 of the Rent Act; Rent Controller’s refusal of interim relief set aside.
Published
00Background
The tenant, in occupation of a ground-floor shop in Ludhiana since 2011, alleged that water and electricity were disconnected on 2 August 2026, a week after the landlord filed an eviction petition under S. 13. The Rent Controller declined interim relief, holding the issue would be decided with the eviction petition.
01Submissions
For the petitioner-tenant
Disconnection is a direct breach of S. 11. The Controller has power to direct restoration pending the eviction petition, and relief cannot await the outcome of trial.
For the respondent-landlord
Electricity was disconnected by PSPCL for arrears on the landlord’s account, not by the landlord. The tenant has been in default of rent since March 2026.
02Observations
The Court noted that PSPCL records showed the connection was cut on the landlord’s own application dated 01.08.2026.
“Withholding an essential amenity to bring about eviction is precisely the mischief S. 11 guards against. Default in rent, if any, is a ground to be proved under S. 13, not a licence for self-help.”
Order, ¶ 9 · open at p. 5
03Findings & directions
- Rent Controller’s order dated 12.08.2026 set aside.
- Landlord to restore water and electricity within 48 hours; SHO concerned to ensure compliance.
- Tenant to deposit admitted arrears before the Rent Controller within 4 weeks.
- Eviction petition to proceed on merits; no opinion expressed on it.
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