MITA KARMAKAR Vs. LILY BRAHMA
HIGH COURT OF CALCUTTA
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Subhasis Dasgupta, J. -
(1.) The impugned Order No. 15 dated 26.09.2016 passed by the learned Civil Judge (Junior Division), 2nd Court, Alipore, in Title Suit No. 35 of 2016 rejecting the application filed by the revisionist/plaintiff under Section 151 Code of Civil Procedure praying for direction upon police to render police assistance for implementation of the order passed by learned Court below on 18.3.16, so that the CESC authority could inspect the meter board and install new meter at the suit shop room without any hindrance or resistance by the opposite party/defendant in this case.
(2.) Certain crucial facts may be mentioned here for addressing the issue requiring decision in this case.
(3.) Petitioner/Plaintiff filed a suit for declaration and injunction against the opposite party/defendant praying for a decree so that the revisionist could not be evicted from the suit premises forcibly without due process of law with a further decree for temporary injunction restraining the landlord/defendant/opposite party from causing any obstruction or interference to use and enjoy the suit property including the electricity peacefully. Admittedly the revisionist/plaintiff was allowed to make use of the suit shop room styled as "Charu Studio" after entering into an agreement dated 1st February, 2006 giving a life period of ten years with certain terms and conditions including the rate of rent etc. The revisionist was allowed to enjoy the electricity in running the studio by the opposite party/landlord/defendant. The revisionist thereafter on the strength of such agreement and after entering into possession of the suit shop room had been enjoying the electricity thorough sub-meter, installed at the premises of opposite party/landlord till 12.2.16. The case, as made out before the Trial Court, is that the landlord/opposite party/defendant forcibly disconnected the electricity at the suit shop room on 13.2.16. Since revisionist runs photography business, a petition under Section 151 CPC was then necessarily filed by the revisionist/plaintiff praying for restoration of his electricity in the suit shop room. The Trial Court by order dated 18th March, 2016 passed an order of temporary injunction against the opposite party/landlord so that the revisionist/plaintiff could not be evicted from the suit shop room without due process of law, and further restrained opposite party/landlord from causing any disturbance, or interference to the peaceful enjoyment of the suit property till the disposal of the suit.;
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