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First Rent Appeal No. 848 of 1983, decided on 20th December, 1983.

--------S. 11 (2) ‑Application for restoration of electric supply‑Good amount outstanding against tenants on account of electricity charges for rented premises‑Amount calculated directly in accordance with units consumed as per sub‑meter of tenants H ho wanted to challenge genuine ness of bill‑High Court passing a consent order that tenants will pay bill by a certain date and it will be open to him to approach Electric Supply Corporation before that date for reduction of bill and that they will also be given adjustment of amount paid by them monthly to land lord towards electricity charges alongwith rent.

Salim Karam Ali for Appellant.

S. Inayat Ali for Respondent.

Date of hearing :20th December, 1983.

An application under section 11(2) of the Sind Rented Premises Ordi nance, 1979 had been filed by the respondents/tenants for restoration of the electric supply to the premises in question. The application was filed against the appellants who are the landlords of the respondents.

It is submitted by Mr. Salim Karam Ali the learned counsel for appellants that a sum of Rs. 24,113.60 is payable by the respondents/tenants in respect of electricity charges for the premises in question subject to adjustment of Rs. 50.50 per month paid by the respondents to the appellants alongwith the monthly rent. According to learned counsel for the appellants, this amount has already been paid by them to K. E. S. C. It is further submitted by learned counsel that the main electric meter is installed in the premises of the appellants/landlords whereas a sub‑meter is installed in the premises in question in occupation of the respondents and according to learned counsel the sub‑meter shows the actual units of electricity consumed by the respondents in the premises in their occupation. Mr. Suleman, Managing Director of the respondent's company is present and on his instruc tions Mr. S. Inayat Ali Advocate states that there are leakages in the meter and the sub‑meter installed in the premises of the respondents is defective and a very highly inflated bill has been given by the appellants for the alleged use of electricity by the respondents. The fact, however, remains that the amount of Rs. 24,113.60 has been calculated directly in accordance with the units consumed as per the sub‑meter of the respondents. The respondents want to challenge the genuineness of the bill. This appeal is being disposed of by this consent order.

It is directed that by 31‑3 1984 the respondents will pay the amount of the electricity charges as per the units consumed by the respondents according to the sub‑meter installed in the premises of the respondents and before 31‑3‑1984 it will be open to the respondents to approach the K. E. S. C. authorities so as to reduce the electricity bill. Adjustment will also be given for the amount of Rs. 5,j.50 per month already paid by the respondents to the appellants towards electricity charges alongwith the rent. Immediately, on payment of the amount thus found due by the respondents to the appellants on account of electricity charges, the electric supply will be forthwith restored in respect of the premises in occupation of the respondents.

Once arrears are cleared, if the respondents want, they can apply for installation of a meter directly in their premises so that in future the payment of electricity charges can be made by the respondent directly to K. E. S. C. Mr. Salim Karam Ali states that the appellant has no objection to the installation of a direct meter in the premises of the respondent provided the arrears are cleared. Subject to this, the consent of the appellant for installation of a direct meter is hereby given.

F. R. A. 848/83 stand disposed of in terms of this consent order.

There will be no order as to costs.

M.Y. H. Order accordingly.

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