IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 AS.No. 154 of 2001(A) ------------------------------- [OS.NO.868/1995 OF PRINCIPAL SUB COURT,THIRUVANANTHAPURAM] ..................... APPELLANT/PLAINTIFF: ----------------------------------- L. RAJENDRAN, NAVEENA ENTERPRISES, PATTOOR, THIRUVANANTHAPURAM. BY ADV. SRI.B.JAYASURYA. RESPONDENT/DEFENDANT: ----------------------------------------- NAZEEMA, T.C. 13/799, VADYAKADU JUNCTION, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER. THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.S. NO.154/2001-A: ORDER ON C.M.P. NO. 1044/2001 IN A.S. NO. 154/2001-A DISMISSED 02/12/2010. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.N. KRISHNAN, J. ........................................... A.S.NO.154 OF 2001 ............................................. Dated this the 2nd day of December, 2010. J U D G M E N T This is an appeal preferred against the judgment and decree of the Principal Subordinate Judge's Court, Thiruvananthapuram in O.S.No.868/1995. The suit is one for damages. 2. It is the case of the plaintiff that he was a tenant of the defendant and due to the conduct of the defendant by disconnecting water and electricity supply, the plaintiff is suffering torture and agony and therefore, he is entitled to damages of Rs.50,000/=. 3. The defendant, on the other hand, denied the same and in turn filed a counter claim demanding arrears of rent. 4. The trial court on an appreciation of the materials disallowed the prayer for damages and granted a decree for arrears of rent in favour of the defendant, who had filed the counter claim. Dissatisfied with the same, the plaintiff has come up in appeal. : 2 : A.S.NO.154 OF 2001 5. Heard. The trial court found that when there is interference with the enjoyment of the property, salutary provisions are there under the Rent Control Act and therefore, the appropriate remedy for the plaintiff was to approach the competent authority therein and therefore the court is not prepared to entertain this claim. The court also further found that there is no material to show regarding disconnection of the water and power supply and so damages even if to be allowed cannot be quantified. The approach made by the learned Principal Subordinate Judge is absolutely correct and therefore, it does not call for any interference. 6. The next question is regarding the counter claim. The plaintiff was given a notice thereby there was a direction to vacate the premises after discharging the arrears of rent as well as water and electricity charges. But, it has to be stated that the plaintiff in the suit did not pay the amount and the court found that arrear was due from August 1993 to 14.6.1995 and at the rate of Rs.900/= per month, calculated the total rent due as Rs.20,250/=. The court further found : 3 : A.S.NO.154 OF 2001 that Rs.5,000/= has been paid as advance and therefore, deleted the same and found that arrears of rent due from the plaintiff is Rs.15,250/=. So far as electricity and water charges are concerned, as per the terms of the contract, the plaintiff has to pay 50% of the water and electricity charges. The court found that there were no materials to find out the consumption by the plaintiff in the suit and therefore, disallowed that claim and only granted a decree for Rs.15,250/= being the arrears of rent due from the plaintiff together with interest at the rate of 6% from the date of the suit with proportionate costs. On an over all analysis of the materials, I find that the judgment and decree of the trial court do not call for any interference and therefore, the appeal fails and the same is dismissed under circumstances without any order as to costs. M.N. KRISHNAN, JUDGE. cl : 4 : A.S.NO.154 OF 2001 M.N. KRISHNAN, J. ........................................... A.S.NO.154 OF 2001 ............................................. 2nd day of December, 2010. J U D G M E N T