DILIP KUMAR SINGH Vs. ARUN KUMAR SINHA

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the Order No.39 dated July 31, 2013 passed by the learned Civil Judge (Junior Division), 2nd Court, Serampore, Hooghly in Title Suit No.21 of 2012 thereby rejecting an application under Section 27 of the West Bengal Premises Tenancy Act, 1997. The short question involved in the matter is whether an employee of a concern after discharge from service, though occupying a quarter, is entitled to get electric connection from the concerned authority. Admittedly, the plaintiff is no longer an employee of the defendant company and the plaintiff has already joined elsewhere, but, he is occupying the premises of the previous employer, i.e., the defendant company.

(2.) THE plaintiff/petitioner herein has contended that though he is occupying the quarter of the opposite party, the electric connection and the water connection have been disconnected and as such, the plaintiff/petitioner herein suffers from inconvenience and so, he has filed the suit. The fact remains that after the discharge from the service, there is no employer -employee relationship between the parties and he has simply filed the suit for declaration of his tenancy right and he sought for the relief under Section 27 of the West Bengal Premises Tenancy Act, 1997 to have electric connection and water connection at his premises. There being no relationship of landlord and tenant, after the termination of the service, though the plaintiff did not vacate the suit premises, in my view, the application under Section 27 of the West Bengal Premises Tenancy Act, 1997 which is applicable in case of a dispute between a landlord and a tenant, he is not entitled to get the benefit of Section 27 of the West Bengal Premises Tenancy Act, 1997.

(3.) URGENT xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.