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SUNIL KANTIKAR, S.DUTTA, A.K.BHATTACHARYA
MAYA RAKSHIT – Appellant
Versus
A. K. LAHA – Respondent


ORDER

Mr. Justice A.K. Bhattacharya, President— This is an appeal against an order dated 12.9.95 passed by the Calcutta District Forum in C.D.F. Case No. 801/95 allowing the prayer of the complainant-tenant for installation of electric meter in his tenanted portion of the premises. The claim was contested by the land-lady who was added as a party subsequently. The C.E.S.C. did not object to the installation of the meter. But the land-lady raised objection on the ground that the tenant was a habitual defaulter and that in a suit filed by the tenant, the Court had issued order of status quo. The matter was heard in presence of both parties and the learned C.D.F held that the complainant was a bonafide tenant and that he had every right to get the electricity under the provisions of the Indian Electricity Act, 1910. Only point for determination is if the order of the Calcutta District Forum has been a proper one.

2. We have heard both the parties and have perused the documents produced before us. Admittedly the complainant-respondent is a tenant under the appellant. No suit for eviction of the tenant has been filed by the land-lady and the tenancy has also not been otherwise determined.



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