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2009 Supreme(SC) 1232

R.M.LODHA, TARUN CHATTERJEE
Dipali Dey (Baxi) – Appellant
Versus
Mira Das – Respondent


Advocates appeared:
For the Appellant(s) :Y. Raja Gopala Rao, Ms. Y. Vismai, Ms. Priyanka Kumari, B.V. Niren, Advocates.
For the Respondent(s):Rauf Rahim, Advocate.

JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. In our view, the High Court had acted in excess of its jurisdiction by interfering with the concurrent orders passed by the courts below allowing an application for injunction directing the respondent to restore the electric supply in the suit premises in favour of the appellant who is a divorcee residing in the same with her son. The suit that has been filed by the appellant is for declaration that she is a tenant in respect of the premises in question at a rental of Rs.150/- per month. The case made out in the plaint is, inter alia, to the effect that she has been paying the rent but no rent receipts had been granted to her. Since the electric supply was disconnected by the respondent, she filed an application for injunction directing the respondent to restore the electric supply in her tenanted premises. Both the courts below concurrently allowed the application and directed restoration of electric supply to the tenanted premises where the appellant is residing. Against these orders, a revision was moved by the respondent which was allowed by the High Court. Feeling aggrieved by the order of the High Court, the appellant has co




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