LAWS(CAL)-2022-8-92

GKW LIMITED Vs. ESEMEN METALLO CHEMICALS PRIVATE LIMITED

Decided On August 25, 2022
GKW LIMITED Appellant
V/S
Esemen Metallo Chemicals Private Limited Respondents

JUDGEMENT

(1.) Subject matter of challenge in this revisional application is against the order dtd. 22/3/2022, passed by Learned Judge, 4th Bench, Presidency Small Causes Court, Kolkata in Ejectment Suit No. 248 of 2018, rejecting the petition under Sec. 151 of Code of Civil Procedure, praying for restoration of supply of water in the suit premises.

(2.) Admittedly, the pending litigation is for recovery of khas possession of suit premises upon evicting petitioner/defendant therefrom. Mr. Jayanta Sengupta, learned advocate appearing for the petitioner submitted that the supply of water in the suit premises had been totally blocked by opposite party from overhead tank, causing immense problems to the petitioners having drinking water, as well as water in the bathroom situated in the suit premises.

(3.) It was further contended that due to such blockage of water connection from overhead water reservoir, daily affairs of petitioner had also been jeopardized. The complaint already lodged to the police station alleging sudden stoppage of water connection to the suit premises of petitioner, from the overhead water tank, failed to restore water connection.