BIJON BEHARI BOSE Vs. BRIJ MOHAN ARORA

JUDGEMENT

(1.) -This is an application Article 227 of the Constitution of India challenging the Judgment and/or Order dated 22nd March, 1988 passed by the Learned Chief Judge, Small Causes Court at Calcutta, in Rent Appeal No. 5/87 reversing the Judgment and/or Order dated 15th January, 1987 passed by the Learned Rent Controller, in Rent Control Case No. 7/1977. The facts of the case leading to this application are as follows:-

(2.) That the opposite party No. 1 filed an application under section 31 of the West Bengal Premises Tenancy Act, 1956 before the Learned Rent Controller, inter alia, praying for imposition of fine upon the petitioners and for a direction against them for restoration of immediate supply of filtered water to the tenanted premises of the opposite party No. 1. The landlord of the premises was arrayed as opposite party No. 4 and these petitioners as opposite parties 1 to 3 before the Rent Controller.

(3.) The opposite party No. 1 is a monthly tenant under the opposite party No. 2 of this application. The petitioners are also the other tenant of the opposite party No. 2. When the opposite party No. 1 took the tenancy there was supply of filtered water of the Corporation through a branch pipe connected front the main pipe for supply of filtered water by a 'T' connection and the said main pipe passes through the common passage of the premises occupied by him and the petitioners. It is alleged by the apposite party No. 1 that on or about 18th September, 1976 the petitioners with the help of some unknown plumbers disconnected the said branch pipe leading to the portion of the opposite party front the 'T' point and blocked the flow of filtered water to his portion by putting a plug at the said 'T' opening as a result of which the entire supply was abruptly stopped. Thus, he lodged the complaint against the petitioners in the local police station, but, somehow or other the supply was restored by them. Again, on 18th October, 1976 the petitioners at about 5,30 P.M. disconnected the said branch pipe from the said "T" connection and inserted a plug on the 'T' opening and as result the water supply was totally blocked.