Satyabrata Sinha, J. - (1.) The petitioner is said to be in occupation of a portion of the ground floor of premises No. 43, Eqbalpur Road, P.S. Eqbalpur.
(2.) One N. W. Earle was owner of the said property. One S. C. Lioyd executed a Will in respect of the property. The petitioner obtained a Probatein relation to the said Will, in respect whereof an application was filed by him for grant of a new electrical connection.
(3.) An appeal was preferred against the judgment and decree passed by the Additional District Judge, 11th Court at Alipore dated 22nd July, 1986 in Original Suit No.5 of 1981 against one Gour Chand Seal who was claiming right, title and interest therein; wherein an application filed by the petitioner on 14-3-90 for an injunction restraining the respondents thereof from obstructing the engineers and inspectors of CESC Ltd. while giving new connection. This Court while considering the said application noticed that the petitioner claimed himself to be a legatee of S.C. Lioyd who in turn was a legatee in respect of Will dated 16th February, 1955 of one N. W. Earle. The Division Bench of this Court in the said appeal by an order dated 11-4-90 found that the petitioner was admittedly in possession of a portion of the said property and, thus, directed that without prejudice to the rights and contentions of the respondent No. 1 he was entitled to get electric connection from CESC Ltd. for that portion of the premises which is admittedly in his occupation and the respondent No. 1 thereof should be restrained by an appropriate order of injunction from causing any obstruction and/or interfering in that matter of appellant-petitioners getting a fresh electrical connection in his name. The said order, however, was passed subject to the condition that in the event, the petitioner is ultimately found to be having no right, title or interest, the CESC authorities may disconnect the said electrical connection. Despite the said order, no step was taken for grant of electrical connection whereupon the petitioner moved an application before the Calcutta District Consumer Redressal Forum for appropriate order and police help which was registered as C.D.F. Case No. 320 of 1992. By an order, dated 31-8-92 the said Forum directed : "to provide new Electric Meter to the Complainant as per direction of the Hon'ble High Court at Calcutta and it may take the help of police if necessary, in case of obstruction or interference.";