RAMJILAL SHARMA Vs. PURUSHOTTAM LAL SHARMA

JUDGEMENT

(1.) Petitioners have challenged the judgment and order dated 13-5-91 passed by the Ist Assistant District Judge, Guwahati in Misc. Appeal No. 3 of 1984 against the order passed in Misc. (J) Case No. 273/83 arising out of Title Suit No. 283 of 1983 of the Court of the Sadar Munsiff, Guwahati.

(2.) The case of the petitioners is that they are tenants under the opposite party in respect of two flats numbering 12 and 17 in the upper floor of a building known as "Sharma Sadan" at Tokobari By-lane, Fancy Bazar, Guwahati. Under the terms of the tenancy they and other tenants used to get regular and uninterrupted supply of water into their respective flats. The opposite party had been making various attempts to oust the petitioners and other tenants. The opposite party also with an ulterior motive to drive away the petitioners from the demised flats. In violation of the terms of the tenancy and contrary to the provisions of law disconnected the supply of water to their respective flats on 24-9-83. The petitioners as plaintiffs filed a Suit (T.S. 283/83) in the Court of the Sadar Munsiff, Guwahati for declaration that the petitioners-plaintiffs are entitled to uninterrupted and regular supply of water and other essential services to their demised flats. In the said suit the petitioners also prayed for temporary injunction directing the opposite party-defendant to restore water supply to the flats of the petitioners as per terms of tenancy and also to maintain other essential supplies. The Munsiff by order dated 19-11-83 granted an ad interim injunction directing the defendant (opposite party) to restore the water supply to the plaintiffs' flats. Notices were issued to the opposite party and they appeared in the suit. Thereafter the Munsif after hearing both sides by order dated 21-12-83 vacated the order of ad interim injunction earlier granted. While vacating the order the Munsiff observed that the opposite party had not actually disconnected the supply of water on 24-9-83. Stoppage of supply of water was due to break down of pump set and that the opposite party had already made alternative arrangement and the 14 families in the building were taking water therefrom and in that view ad interim injunction earlier granted was vacated. Against that the plaintiffs-petitioners preferred an appeal (Misc. Appeal No. 3/84) in the Court of the Assistant District Judge, Guwahati. Learned Asstt. District Judge after hearing the parties dismissed the appeal observing as follows :-

(3.) I have heard both sides.