MANJU MUKUL GUHA Vs. PRADIP KUMAR MULLICK

JUDGEMENT

(1.) THESE two appeals have been preferred against the order dated 2nd February, 1999 passed by the learned Judge 13th Bench of the City Civil Court at Calcutta in Title Suit No. 1717/98 whereby the learned Trial Judge directed the parties to maintain status quo till the disposal of the suit in the matter of installation of electric meter in the suit premises.

(2.) THE respondents herein filed the aforesaid Title Suit against the appellants of the instant two appeals for a declaration that the defendants therein were in unauthorised occupation of the suit premises and for permanent injunction restraining them from taking any steps for installation of the electric meter in the suit premises. The defence was that they are in possession for a long time since the time of the lessee and depositing rents to the Rent Controller with the consent and knowledge of the landlord. The learned Court below came to a finding that the defendant Nos. 3 and 4 (the appellants herein) in view of Section 12(6) of the Electricity Acts are not lawful occupiers of the suit premises and accordingly their possession being unlawful cannot be entitled to get the benefit of electric supply. On such finding the learned Court below directed the parties to maintain status quo in respect of the suit premises till the disposal of the suit against which the instant appeals have been preferred before us.

(3.) THE appeals are disposed of accordingly.