DEEPAK CHATURAJI TABHANE Vs. SUNANDA LAXMAN TANMANE

JUDGEMENT

(1.) The instant Second Appeal is initiated at the instance of original plaintiff, challenging the judgment and order dated 24.9.2008 passed by learned District Judge10, Nagpur in Regular Civil Appeal No. 51/ 2006, whereby the judgment and order passed on 21.10.2009 by learned 3rd Joint Civil Judge, Sr.Dn., Nagpur, in Special Civil Suit No. 941/2003 was set aside. Hereinafter parties will be referred to by their original status as in cause title of the suit.

(2.) The Appeal is taken up for final hearing by consent of learned Advocates appearing for respective parties and heard forthwith at the stage of admission itself.

(3.) Facts as briefly mentioned are : The plaintiff is in occupation of shop block situated at Plot No.162, Ashok Nagar, Nagpur, where he carried on his business of General Stores, selling daily need articles, including cosmetics, etc. The defendants are the landlords. They had disconnected electrical energy to the tenements on 28.2.1997 as submeter of the plaintiff was installed in defendants' premises. Being aggrieved, the plaintiff filed Regular Civil Suit No. 298 /1997 which was decreed on 19.12.2002. Due to illegal disconnection of the electric supply by the defendants, the plaintiff claimed that he has sustained colossal loss as customers were not visiting his shop and the plaintiff was required to shut down the shop after 6 o' clock. Furthermore, he was unable to run his business in summer season and for about six years his business suffered extensively, thereby causing loss to the tune of Rs. 6 lakhs. The defendants had denied status of the plaintiff as tenant and denied having disconnected electric supply and also denied contentions of the plaintiff as to staggering loss in business.