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1991 Supreme(Cal) 314

J.N.Hore
Gour Kishore Das – Appellant
Versus
Krishna Kumar Bose – Respondent


Advocates Appeared:
Asoke Kumar Sen Gupta, Binayak Ghoshal, Subhash Kumar Banerjee, Saibalendu Bhowmik

Judgment

J.N. Hore, J.

1. THIS revisional application under Article 227 of the Constitution of India is directed against the order dated 3.9.90 passed by the Rent Controller, Calcutta in A.R.C. Case No.5 of 1989 (Fine) directing the petitioner-landlord to cause restoration of normal supply of filtered water in the tenanted premises within one month from the date of the order.

2. THE opposite party is a tenant in respect of two rooms, kitchen and privy in the first floor of premises No. 140A, Harish Mukherjee Road under the petitioner at a monthly rental of Rs. 200/- payable according to English calendar months. THE tenant-opposite party filed an application under section 31 of the West Bengal Premises Tenancy Act, 1956 against the petitioner before the Rent Controller, Calcutta alleging wilful obstruction in the supply line of filtered water by operation of stop cock. On receipt of summons the petitioner appeared on 12.2.90 but the tenant-opposite party who was the petitioner in the impugned proceeding was found absent on repeated calls and the learned Rent Controller dismissed the case for default. On 9.3.90 the tenant-petitioner filed an application for restoration of the said A.R.








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