Allahabad High Court Rules Landlord Not Liable for Tenant's Electricity Theft
The Allahabad High Court has ruled that a landlord cannot be denied a fresh electricity connection due to alleged electricity theft committed by a tenant occupying a different portion of the same premises. The bench, comprising Justices Arindam Sinha and Satya Veer Singh, allowed a plea filed by a landlord against the Uttar Pradesh Power Corporation Limited. The court emphasized that the failure of the supply company to recover dues from the actual thief does not grant it the authority to penalize the landlord, who holds settled possession of his separate unit. The petitioner had already obtained an eviction decree against the tenant involved in the theft. Distinguishing this case from scenarios involving subsequent owners, the court noted that the landlord was seeking a connection for his own occupied space. Citing precedents, including a Calcutta High Court decision, the bench declared that access to electricity is integral to the right to life and ordered authorities to grant the new connection within two weeks. The landlord is required to pay only the standard new connection charges, absolving him of the tenant's outstanding dues.
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Allahabad High Court Rules Landlord Not Liable for Tenant's Electricity Theft
The Allahabad High Court has ruled that a landlord cannot be denied a fresh electricity connection due to alleged electricity theft committed by a tenant occupying a different portion of the same premises. The bench, comprising Justices Arindam Sinha and Satya Veer Singh, allowed a plea filed by a landlord against the Uttar Pradesh Power Corporation Limited. The court emphasized that the failure of the supply company to recover dues from the actual thief does not grant it the authority to penalize the landlord, who holds settled possession of his separate unit. The petitioner had already obtained an eviction decree against the tenant involved in the theft. Distinguishing this case from scenarios involving subsequent owners, the court noted that the landlord was seeking a connection for his own occupied space. Citing precedents, including a Calcutta High Court decision, the bench declared that access to electricity is integral to the right to life and ordered authorities to grant the new connection within two weeks. The landlord is required to pay only the standard new connection charges, absolving him of the tenant's outstanding dues.
The Indian Express