HAKIM MAHAMMAD SELIM ASRAFI Vs. DILWAR HOSSAIN

JUDGEMENT

(1.) This instant appeal has been directed against the judgment and order dated 28.7.1993 passed in C. D. F. Case No.235 of 1993 by Learned Calcutta District Forum dismissing the complaint petition on the ground that the dispute between the appellant and the respondent is a dispute between Landlord and Tenant.

(2.) The allegation of the appellant/complainant is that inspite of payment of Rs.40/- per month as electricity charges in addition to monthly rental of Rs.100/- The respondent has disconnected his electric line hence the complaint petition was filed by the complainant/ appellant before the Calcutta District Forum and having lost the complaint case before the Forum has preferred this appeal before the Commission.

(3.) We also hold the same view that this is a dispute between Landlod and Tenant as per ratio in the case of Laxim Sen,laxmi Chand Shah and Ors. V/s. Sakerben Kanji Chandan and Ors., 1992 1 CPJ 3 and in the case of Laxmi Singhania V/s. Rani Devi Lohiya and Another, 1992 1 CPJ 293 both being decided by National Commission.