SAMARENDRA NATH BHATTACHARJEE, J. - (1.) THESE two appeals have been preferred against the order dated 2nd February, 1999 passed by the learned Judge 13th Bench of the City Civil Court at Calcutta in Title Suit No. 1717/98 whereby the learned Trial Judge directed the parties to maintain status quo till the disposal of the suit in the matter of installation of electric meter in the suit premises.
(2.) THE respondents herein filed the aforesaid Title Suit against the appellants of the instant two appeals for a declaration that the defendants therein were in unauthorised occupation of the suit premises and for permanent injunction restraining them from taking any steps for installation of the electric meter in the suit premises. The defence was that they are in possession for a long time since the time of the lessee and depositing rents to the Rent Controller with the consent and knowledge of the landlord. The learned Court below came to a finding that the defendant Nos. 3 and 4 (the appellants herein) in view of Section 12(6) of the Electricity Acts are not lawful occupiers of the suit premises and accordingly their possession being unlawful cannot be entitled to get the benefit of electric supply. On such finding the learned Court below directed the parties to maintain status quo in respect of the suit premises till the disposal of the suit against which the instant appeals have been preferred before us. After having heard the learned Counsel of both sides we are of the opinion that the prima facie finding of the Court below is also the subject matter of decision in the main three suits being Title Suit No. 1717/98, Title Suit No. 21 of 1998 and Title Suit No. 2482/98 wherein the averments of both sides regarding consent or knowledge of the landlord and other issues affecting the relationship between the parties would be gone into with the help of detailed evidence. Moreover the electric facility is a basic requirement of modern civic life. Enjoyment of such facility does not interfere and/or affect the status or the relationship between the parties. Therefore, we are of the opinion that without prejudice to the rights and contentions of the parties to the suits, the appellants herein may be permitted to install the electric meter in the suit premises which would be subject to the decision in the main suits. Accordingly, we set aside the order of the learned Court below and permit the appellants to install the electric meter in the suit premises subject to conditions stated above and with a further direction upon the learned Court below to dispose of the three title suits mentioned above within a period of six months from the date of communication of this order. The parties in the respective suits will submit written statement, if not already filed, within a month from date. Issues to be framed within fourteen days thereafter, interlocutory steps regarding discovery, inspection be made within fifteen days and, thereafter, the learned Court below shall proceed to dispose of the main suits within a period of six months without granting unnecessary adjournment to the parties.
(3.) THE appeals are disposed of accordingly.;