B.S.SUSHEELA DEVI Vs. A.ASHRAF ALI

JUDGEMENT

(1.) Petitioner-plaintiff has filed the present writ petition invoking the writ jurisdiction of this Court assailing the order dated 09.02.2018 passed on the interlocutory application in O.S.No.5536/2013 by the Principal City Civil and Sessions Judge, Bengaluru, vide Annexure -A, whereby the application filed under Section 151 of the Code of Civil Procedure, 1908, for a direction to the defendant to restore water charges has been dismissed.

(2.) It is the case of the petitioner-plaintiff that she is the landlady of the suit schedule property bearing Municipal No.41, Brigade Road, Corporation Ward No.76, Bangalore-560001. There is a water connection pertaining to the schedule property and the consumer ID Number is 8959, RR No.SE119311/ND2-139.

(3.) There is an agreement of lease which has been entered into between petitioner-plaintiff and respondent- defendant on 24.09.2005 in respect of ground floor of schedule shop premises. As per clause 3 (b) of the Lease Deed, it is the duty of the lessee to pay the electricity and water dues in respect of the schedule property. The Lease Deed is produced at Annexure-B. As the respondent-defendant has defaulted in making payment of rents, petitioner-plaintiff has filed a suit for ejectment against the respondent-defendant.