JOYDIP MANDAL Vs. SOUMEN KUMAR DEY

JUDGEMENT

(1.) This appeal is directed against order no. 16, dated March 10, 2015 passed by the learned Civil Judge, (Senior Division), 3rd Court, Alipore in Title Suit No. 10926 of 2014. By the said order the application for injunction was dismissed.

(2.) The appellants herein filed a suit for declaration, ejectment, recovery of khas possession and permanent injunction against the defendants. In that suit they had filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure praying for an order of temporary injunction against the defendants who are the respondents before us for making the electric meter board accessible to the plaintiffs and the authorized personnel of the CESC and not to create any sort of obstruction or disturbance in the plaintiffs' process of bringing electricity to the scheduled property as mentioned in the plaint. The case of the plaintiffs was that the suit property originally belonged to one Mala Dey and they purchased the same by virtue of a registered deed of sale executed by Mala Dey who is the mother of the defendant no. 1. The plaintiffs mutated their names in the Corporation records. When they went to take possession of the same on March 17, 2014 they were obstructed by the defendants who were occupying the first floor of the premises. The plaintiffs also requested the defendants to vacate the first floor of the suit property. It has been alleged that the defendants were forcefully occupying and using the common passage, water reservoir, over-head tank and the electric meter room. The ground floor of the suit premises had no electric connection as the CESC disconnected it for non-payment of electricity charges. When the plaintiffs started residing at the suit property the defendants abused them in filthy language over trivial issues and created various discomfitures for their peaceful enjoyment of the premises. On March 24, 2014 when the authorized personnel of CESC visited the suit property the plaintiffs requested the defendant to open the gate for inspection of the meter board by CESC personnel which was refused by the defendants. On subsequent visit also the defendants refused to open the gate and declined to give access to the CESC personnel. The appellants in spite of being the lawful owners of the property has been denied access to the portion said to have been purchased by him. As a result he has been deprived of essential service in the form of electric connection as well as the other amenities of life.

(3.) The defendants contested the proceeding by filing a written objection. According to the defendants, the defendant no. 1 filed a suit for partition against his mother and others in respect of the suit property. An interim order had been passed in the form of maintaining a status quo. The defendants have stated that after the death of their father the property has devolved upon the defendant no. 1 along with other legal heirs of the deceased. The mother of the defendant no. 1 filed a writ petition before this Court and prayed for giving protection to her against the wrongful activities of the defendants. She got no interim protection from the Court. The learned Trial Judge dismissed the writ petition primarily on the basis of the averments wherefrom it appeared that she was residing outside house. The writ petition was filed in the year 2012 and the date of the sale deed was March 7, 2014. From this, the learned Trial Judge observed that if the vendor was residing at a separate place and if she had no physical entry or access to the ground floor of the suit premises obviously she had no physical possession over the property she had sold to the plaintiffs.