A bonafide tenant has the right to get electricity under the provisions of the Indian Electricity Act, 1910, and an order of status quo from a separate suit may not necessarily restrict the installation of an electric meter for providing electricity to the tenant.

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. There is actually no substantial ground for attacking the order of the lower Forum.

3. The only point on which the appellant lays stress is an order passed by the Civil Court for maintenance of status quo. We find that the said suit was actually filed by the tenant alleging encroachment of a portion of the tenanted premises by the land-lady. But it was the tenant who prayed for an injunction and pending the hearing of the injunction matter the order of status quo was passed. By no stretch of imagination it can be said that the Court purported to restrain the installation of a meter for providing electricity to the tenant by the said order of status quo. The District Forum’s order, therefore, appears to us to be a reasonable one and we do not find any ground to interfere with the said order. In the result, this appeal fails.

4. The appeal is accordingly dismissed with a cost of Rs. 200/- to be paid by the appellant to the respondent No. 1. The impugned order of the C.D.F. is hereby confirmed.

Appeal dismissed with costs