Section 41:
Cutting off or withholding essential supply or service.
(1) No landlord either himself or
through any person purporting to act on his behalf shall without just or sufficient cause cut off or
withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
(2) If a landlord contravenes the provisions of sub-section (1), the tenant may make an application to
the court complaining of such contravention.
(3) If the court is satisfied that the essential supply or service was cut off or withheld by the landlord
with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the court may pass an
order directing the landlord to restore the amenities immediately pending the inquiry referred to in
sub-section (4).
Explanation.--An interim order may be passed under this sub-section without giving notice to the
landlord.
(4) If the court on inquiry finds, that the essential supply or service enjoyed by the tenant in respect of
the premises was cut off or withheld by the landlord without just or sufficient cause, he shall make an
order directing the landlord to restore such supply or service.
(5) The court may in its discretion direct that compensation not exceeding fifty rupees--
(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made
frivolously or vaxatiously;
(b) be paid to the tenant by the landlord if the landlord had cut off or withheld the supply or
service without just or sufficient cause.
Explanation.--In this section, "essential supply or service" includes supply of water, electricity, lights
in passages and on staircases, conservancy and sanitary services.