SEEMA DASGUPTA Vs. GOPAL BANERJEE

JUDGEMENT

(1.) This is to consider an application under Article 227 of the Constitution of India against the judgement and order dated January 17,2003 passed by the learned Additional District Judge, Ninth Court at Alipore, District: South 24-Parganas in Civil Revision Case No. 71 of 2001 affirming order No. 57 dated December 14, 2000 passed by the learned Civil Judge (Junior Division). Third Court at Alipore, District: South 24-Parganas in Title Suit No. 151 of 1992.

(2.) The plaintiftfpetitioner instituted Title Suit No. 151 of 1992 in the Court of the learned Civil Judge (Junior Division), Third Court at Alipore, inter alia, for permanent injunction. It has been alleged that the said plaintiff has been a tenant in respect of one garage at northern portion of premises No. 64, Raja Basanta Roy Road, Calcutta-29 at a monthly rental of Rs.200/- (Rupees two hundred) only according to English calendar. The plaintiff has been running a beauty parlour. The landlord arranged for water supply from the main reservoir on the roof of the first floor of the premises by placing a 'Patton tank' through a pipeline and water has been provided to the tenanted premises from the said tank. The plaintiff paid Rs.20,000/- (Rupees twenty thousand) only for keeping the said tank on the roof. It has, further, been alleged that the landlord has been making obstruction as to the supply of water to the tenanted premises and has been interfering with the supply of water from the said tank. The plaintiff, therefore, prayed for a decree for permanent injunction to restrain the landlord and his men and agents from making any obstruction as to the supply of water by removing the stopcock and from interfering with the supply of water from the said tank and from removing and/or shifting the said tank from the roof.

(3.) The defendant/opposite party entered appearance in the said suit and is contesting the said suit by filing a written statement. The said written statement was filed on July 22, 1994.