RAM CHANDRA BHAGWAN DAS REPRESENTED BY SHRI BHAGWAN DAS AGARWALLA Vs. SHRI PAWAN KUMAR AGARWALLA

JUDGEMENT

(1.) THIS Civil Revision is from the order of the Assistant District Judge, Goalpara at Dhubri affirming the order of the Munsiff granting mandatory injunction. The Plaintiff -opposite party, a tenant of the Petitioner filed title Suit No. 508/81(sic) stating that he has been a tenant under the Defendant -Petitioner who allegedly but off electric supply to the tenanted room on 15.11.81 and in the suit he prayed for a declaration that the Plaintiff as tenant was entitled to uninterrupted supply of electricity and that the Defendant could not cut off the electric connection which was being supplied from hit house and for a decree of mandatory injunction directing the Defendant -Petitioner to restore electric connection. He also filed a petition for grant of mandatory injunction whereupon registering a miscellaneous judicial case being numbered as Misc -(J) case No. 234/81 the learned Munsiff on 18.11.81 ordered restoration of the electric connection within twenty -four hours of receipt of the notice and also asked the Petitioner to show cause and upon the Petitioner's showing cause made the order absolute. The Petitioner's appeal therefrom was rejected by the Assistant District Judge on 30.11.81. Hence this petition.

(2.) MR . K.P. Sen, the learned Counsel for the Petitioner, submits that the impugned order of mandatory injunction dated 10.11.81. is without jurisdiction inasmuch as Section 7 of the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as 'the Act') excludes civil Court's jurisdiction and that the order of mandatory injunction was passed in violation of the provisions of Section 39 of the Specific Relief Act, as the conditions prescribed therein were absent.

(3.) TAKING the first question first we may read Section 7 of the Act: