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1988 DIGILAW 180 (GAU)

Md. Hasan Imam Abbhasi v. Padmadhar Deka & Ors.

1988-09-20

S.HAQUE

body1988
The Judgment and order dated 18.4 1981 of the Asstt. District Judge, Goalpara, Dhubri passed in Misc. Appeal No.9 of 1981 has been impugned by the Rsepondent (Plaintiff). 2. The petitioner Mr. Hasan Imam Abbhasi filed the suit Title Suit No. 130 of 1981 for mandatory injunction against the S. D. O. Electricity Board and another, Dhubri for reconnection of the electricity in the house where he was tenant under Opp. Party No. 2. Originally one Gurbox was the tenant. The S.D.O. Electricity Board issued notice to Gurbox Singh for disconnecting the electricity. Gurbox Singh ceased to be the tenant and transferred the electric instalations with fixtures to the petitioner and so he instituted a suit firstly for temporary injunction. In the meantime, the S. D. O., Electricity had disconnected the line. Therefore, the petitioner filed this suit forf mandatory injunction. 3. Learned Munsiff issued ad-interim mandatory injunction for connecting electricity line with notice to the S. D. O. Electricity Board, Dhubri to show cause. Instead of showing cause, the Electricity Board filed the appeal wherein the impugned order was passed setting aside the ad-interim mandatory injunction granted by Munsiff. 4. On perusal of the impugned judgment, it appears that the appellate Court failed to appreciate that the electricity was essential service for the tenant and the landlord had no objection for having that facility by the tenant at his own arrangement and costs. The S. D. O., Electricity Board ought to have given a hearing or notice on the petition before disconnecting the electric line. The petitioner was the actual tenant/ occupier of the house where disconnection occurred. So, he had cause of action for the suit. 5. Considering the service to be essential, learned Munsiff exercised discretion reasonably to grant ad-interim mandatory injunction which in his opinion was proper under the circumstances. 6. Accordingly, the impugned judgment of the appellate court is set aside. Now the suit will proceed in the Court of the Munsiff with the ad interim mandatory injunction inforce. The defendant No. 1, S. D. O., Electricity Board will be at liberty to file objection, if any, alongwith the written statement in the suit. Any objection against ad-interim mandatory injunction, the court will firstly dispose of the same in accordance with law. 7. This Revision is allowed with the above orders/direction. 8. Send down the records immediately.