SOMA SAHA W/O LATE SANJOY SAHA Vs. ASSAM POWER DISTRIBUTION CO LTD
HIGH COURT OF GAUHATI
Soma Saha W/O Late Sanjoy Saha
Assam Power Distribution Co Ltd
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A.K. Goswami, Acj -
(1.) Heard Mr. J.C. Gaur, learned counsel for the appellant. Also heard Mr. H.K. Sarma, learned standing counsel, APDCL, appearing for respondent Nos.1 and 2 and Mr. S. Saikia, learned counsel appearing for respondent Nos.3, 4 and 5.
(2.) The subject matter of this writ appeal is an order dated 27.02.2018 passed by the learned Single Judge in Review Petition No.179/2017, arising out of WP(C) No.653/2013. Initially by an order dated 18.09.2017 the writ petition was allowed and on review, the same came to be dismissed.
(3.) The case set out in the writ petition, briefly, is that the petitioner's father-inlaw Late Radheshyam Saha was a tenant of the respondent Nos.3, 4 and 5 and after the death of Radheshyam Saha, the husband of the appellant had stepped into his shoes as a tenant and conducted business in the name and style of M/s Deepika. The husband of the appellant expired on 26.05.2009 leaving behind the appellant and two minor daughters. After the death of her husband, the appellant became a tenant of the respondent Nos.3, 4 and 5 and in the month of July, 2009 rent was enhanced. However, subsequently, lawful rent having been refused to be accepted by the landlord and she having been threatened with forceful dispossession, the appellant filed a Title Suit in the Court of learned Munsiff No.2, Kamrup(M), which was registered as Title Suit No.6/2010. In the suit, a counter-claim was filed by the landlord. During the pendency of this suit, electricity connection was disconnected by the landlord, but after filing of a petition alleging violation of the injunction order in force, the landlord restored the electricity connection.;
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