KALLOL KUMAR DAS Vs. KANAN BALA DAS

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India assailing the order dated 30.6.2008 passed by learned Civil Judge (Jr. Division), Second Court, Sealdah in Ejectment Suit No. 320 of 2006 rejecting the petition dated 03.5.2008 under Section 151 of Code of Civil Procedure.

(2.) The plaintiff being the landlord instituted the suit against the defendant/petitioner herein praying for ejectment on the ground of reasonable requirement for own use and occupation and that the defendant was a defaulter. In the instant application under Article 227 of the Constitution of India the defendant/petitioner herein has contended that the landlord previously suspended the supply of water in the tenanted premises and by the next step the landlord cut off the electric connection in the tenanted portion. The original owner, since deceased, at the time of induction permitted the petitioner to take electricity for consumption. The petitioner thereafter applied before the CESC and when CESC technicians came to inspect the premises for installation of a new meter in the name of the petitioner, the plaintiffs/landlords did not allow them to inspect the spot. The petitioner has been facing much inconvenience and hardship for want of electricity and for that reason filed an application before the learned Court below for an order restraining the landlords/plaintiffs for causing any interference with the matter of installation of electric meter in the name of the defendant for the ends of justice.

(3.) The learned Court below after hearing both sides rejected the prayer under Section 151 CPC holding that the ground stated in the petition was not a firm ground. Being aggrieved by the said order, the defendant has preferred the instant application under Article 227 of the Constitution of India.