PARAM LAL BURMAN Vs. RAVI KUMAR SHARMA

JUDGEMENT

(1.) In this Civil Revision preferred under Section 115 of the Code of Civil Procedure, the defendant-petitioner has called in question the legal validity of the order dt. 31-3-99 passed by IIIrd Civil Judge, Class-II, Jabalpur in C.S. No. 115-A/98 whereby he has refused to exercise his jurisdiction under Section 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for directing the landlord to reconnect the electricity supply to the tenanted premises.

(2.) The non-applicant as plaintiff instituted the aforesaid suit for ejectment of the applicant-non-member of grounds enumerated under Section 12 of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). The defendant-tenant filed his written statement contending, inter alia, that he is in occupation of the suit premises for past 35 to 40 years and he is not in arrears of rent and the plaintiff has plenty of accommodation to live but has filed the suit in a mala fide manner to get the defendant vacated and thereafter give the premises to a builder for construction of Apartments. In paragraph nine of the written statement it was pleaded that the plaintiff had illegally cut of the electricity supply to put pressure on the tenant-applicant to vacate the suit premises.

(3.) During the pendency of the suit the defendant-petitioner filed an application on 3-11-98 under Section 151 of the Code that the plaintiff-non-applicant had illegally disconnected the supply of electricity though he has been collecting electricity charges from the applicant and, therefore a direction should be issued to restore electricity supply which is an essential supply.