NEW DELHI MUNICIPAL COUNCIL v. SOHAN LAL SACHDEV (DEAD) REPRESENTED BY MRS. HARINDER SACHDEV W-O LATE SOHAN LAL SACHDEV

Citation: [2000] 1 S.C.R. 731

Court: Supreme Court of India

Bench: S.B. MAJMUDAR, D.P. MOHAPATRA

Judgment text

NEW DELHI MUNICIPAL COUNCIL v. SOHA'. 'l LAL SACHDEV (DEAD) REPRESENTED BY MRS. HARINDER SACHDEV w;o. LATE SOHAN LAL SACHDEV FEBRUARY 9, 2000 [S. B. MAJUMDAR AND D. P. MOHAPATRA, ff[ Electricity Act, 19IO. · Section 23--Two floor ofa residential house rented for use as a Guest house-Electricity charges claimed 011 domestic rates-Commercial rates charged--Suit filed for injunction restraining NDlvlC fram charging commercial rates-Suit dismissed- First appeal also dismissed--Seco11d appeal allowed by High Court-On appeal, Held: letting out ofpremises for rnnning aguest house amounted to commercial purpose-Purpose for which the guest or occupant of guest house uses the electricity not relevant-Nature ofpurpose of the user by the owner relevant for detem1ination. Word. I & Phrases: 'Commercial', 'domestic purpose'-Meaning of. The respondent (after death represented by his wife) was residing / on the ground floor of his house and let out the first floor and barsati to a Guest House.

On this the appellant started charging for w. iter and electricity on 'non-domestic rates'. The respondent, therefore, filed a suit for an injunction restraining the appellant from raising demand on the basis of commercial user of the premises which was dismissed. First appeal before the Sr. Civil Judge was also dismissed. The second appeal filed by the respondent was allowed by the High Court on the ground that the user of the suit premises for running the 'guest house' without any kitchen facility was a user for residential purpose. Hence the present appeal. Allowing the appeal, this Court HELD : 1. 1. The terms 'domestic' and 'commercial' are not defined in the Electricity Act or Rules. Therefore, the expressions are to be given common parlance meaning and must be understood in their natural, v 732 SUPREMF. COURT RHORTS [2C . S. L. SAC:HDEV (DEAD) REPRESENTAT! ill BY MRS. Ii SAC:HDEV\MOHAPATRA. J. J 735 private domestic user of the premises.

It is the further contention of the learned counsel that such user of the premises can be appropriately classified as 'commercial' user. The High Court, according to the learned counsel, committed an error in holding that the user of the suit premises is 'domestic'. The h:arned counsel appearing for the respondent landlord on the other hand supporh:d the judgment of the High Court reiterating the - reasons stated therein. On the case of the parties and the rival contentions raised on their behalf, the question formulated earlier arises for consideration. The two terms 'domestic' and 'commercial' are not defined in the Act or the Rules. Therefore, the expressions are to be given common parlance meaning and must be understood in their natural, ordinary and popular sense. In interpreting the phrases tht: context in which they are used is also to be kept in mind.

In Stroud's Judicial Dictionary (Fifth Edition) the term 'commercial' is defined as "traffic, trade or merchandise in buying and selling of goods". In the said dictionary the phrase 'dom . S. L SACHDllV (DllAD) REPRESENTAIBDBY MRS. H. SACHDEV! MUHAPATRA. J. ] 737 is unsustainable. Accordingly, the appeal is allowed. The impugned judg- A ment of tht: High Court of Ddhi is set aside. The New Delhi Municipal Council is c. :ntitled to charge for use of electricity in Sachdeva Guest House at the rate applicable to 'commercial' use. No costs. R. C. K. Appeal allowed. B