SAILENDRA NARAYAN ACHARYA Vs. RAMESH KUMAR SINGH

JUDGEMENT

(1.) The only ground on which the order passed by the learned Court below is under challenge in this petition filed under Section 115 of the Code of Civil Procedure relates to the applicability, ambit and scope of Section 10 of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982.

(2.) It is urged by the learned Advocate appearing for the petitioner that because under Section 10 (supra) the Controller alone has power and jurisdiction to entertain an application for restoration of an amenity snapped by the landlord, it is not open to a Civil Court to entertain an application for any such purpose and to grant relief to anaggrieved tenant. It is also urged by the learned counsel appearing for the petitioner that it is only after an enquiry and recording of satisfaction with respect to the snapping of the amenity can an order be made for the restoration thereof and since, in the present case, no enquiry has been made, the order passed by the Court below is bad in the eye of law.

(3.) The facts in brief are that a civil suit in terms of Section 11 of 1982 Act was filed by the petitioner-plaintiff against the respondent-defendant in the Civil Court for eviction of respondent-defendant from the suit premises. It is undisputed that it was during the pendency of the said suit that at the instance, and on the instructions, of the petitioner-plaintiff the supply of power to the respondent's flat from Diesel Generator set (D.G. set) installed in the building was disconnected by the Society administering the Building allegedly on the ground that the respondent-defendant had not been paying the service/maintenance charges with respect thereto. Since apparently this amenity was snapped during the pendency of the suit, the respondent approached the Civil Court, where the suit has been pending for a year, in terms of Section 151 of the C.P.C. for restoration of this amenity and on such application the Civil Court passed the impugned order directing the Society to restore the power supply from the D.G. set to the flat of the respondent.