Satyabrata Sinha, J. - (1.) Leave in terms of prayer (a) is granted.
(2.) Having heard the learned Counsel for the parties we are of the opinion that although the appellant has admitted that at one point of time they had forcibly occupied a portion of the premises No. 2, Balaram Majumdar Street, Calcutta but keeping in view the fact that they assert that such adverse possession on their part has ripened into right, title and interest; we are of the opinion that the matter should be disposed of by directing the first respondent herein to make an enquiry or cause an enquiry to be made as to whether the appellant is a bona fide occupier for the purpose of granting electric connection as envisaged under the provisions of Indian Electricity Act, 1910. If an appropriate application is filed by the appellant an appropriate order therein may be passed by the first respondent in accordance with law. Grant of electric connection, if any, by the first respondent in favour of the petitioner-appellant, it goes without saying, shall be without prejudice to the rights and contentions of the parties in the pending suit.
(3.) The order under appeal is set aside.;