JHANWARLAL PATWA Vs. UDAY NARAIN GOSWAMI

JUDGEMENT

(1.) Both these applications under Article 227 of the Constitution of India by and between the same parties involving the same issue in respect of the orders passed by the Trial Court rejecting the prayer of the petitioner to re-cross examine the defence witness have been heard together and are being disposed of by this common judgment and order. The basic facts materials for the purpose of disposal of the applications are stated below.

(2.) The petitioner herein as the plaintiff has instituted Title Suit Nos. 68/2000 and 63/2000 against the respondents herein as the defendants. The respondents claiming the following reliefs have filed both the suits in respect of the tenanted premises apprehending disconnection of electricity connection. a) For a declaration of the plaintiff's tenancy right under the provisions of the Assam Urban Areas Rent Control Act 1972, b) For both permanent and temporary injunction against the defendant restraining him from disconnecting the electric line in the suit room, c) Also for issuance of temporary injunction against the respondent No. 1 for restoration of supply of electricity in the suit room, d) For costs of the suit, and e) For further relief.

(3.) According to the petitioner, the property in question is Ejmali property of the respondents as well as their mother, but just to evict the petitioner from the tenanted premises, on the basis of an alleged Bainanama by and between them, a suit for specific performance was filed which was decreed ex parte.