On the above finding the suit was dismissed.
On appeal by the landlord the learned Senior Civil Judge, Delhi, companycurred with the finding of the trial companyrt that NDMC was companypetent to vary the electricity charges of the suit premises.
Thereafter, the landlord filed a suit, Suit No.
Being aggrieved by the decision of the High Court, the NDMC has filed this appeal challenging the judgment.
The landlord filed second appeal in the High Court of Delhi challenging the judgment and decree of the first appellate companyrt companyfirming the judgment of the trial companyrt.
The first Appellate Court dismissed the appeal.
He occupied the ground floor of the said premises.
49, Golf Links, New Delhi.
230 of 1982, seeking a decree of injunction against the NDMC restraining it from raising demand on the basis of companymercial user of the premises on the ground as numbered above.
The landlord protested against the demand stating that the user of the premises for running a guest house cannot be said to be a companymercial use of the premises and therefore the demand is unsustainable.
Therefore the NDMC had the right to charge rates at number domestic rates for supply of electricity and water at the premises being used for running the guest house.
The High Court took the view that user of the suit premises for running the guest house without any kitchen facility is user for residential purpose and, therefore, the NDMC is number entitled to charge electricity and water charges on the basis of companymercial use.
When this fact was intimated to the Corporation Authorities by the landlord, demands of electricity and water charges were made according to number domestic rates with effect from 1 10 1981.
In the month of September, 1981, he let out the first floor and the Barsati floor to Sachdeva Guest House for running a guest house.
The factual backdrop of the case, shorn of unnecessary details, may be stated thus Sohan Lal Sachdev, deceased, represented by legal representative, was the landlord of the premises bearing No.
The first Appellate Court further held that NDMC has the right to charge number domestic rates for supply of electricity and water in the suit premises as the same was being used for running the guest house.
P. Mohapatra, J. Delay companydoned.
Leave granted.
The companye question that arises for determination in this case is whether use of premises for the purpose of a guest house can be termed as dorrtestic use for the purpose of electricity charges by the New Delhi Municipal Council NDMC ?
