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1983 Supreme(Gau) 38

T.N.SINGH
Jamini Mohan Acherjee – Appellant
Versus
Santosh Kumar Roy – Respondent


Advocates Appeared:
P.M. Palit, M.C. Deb Roy

Judgement

- This revision petition is directed against an order passed on 4-101980 by the learned Sadar Munsiff, Agartala, in Title Suit No. 73 of 1978. By the impugned order the learned Munsiff injuncted the defendant-petitioner not to obstruct the plaintiff-respondent from taking electric connection to his house situated on Schedule A land of the plaint by taking the electric lines over the Schedule B land. This order was passed on an application filed under Section 151, C. P. C. by the plaintiff-respondent in which it was, inter alia, mentioned that the plaintiff had got permission for electric connection in his homestead and that there was no other way to take the electric lines except by drawing them over the Schedule B land. It was further stated in the petition that the defendant-petitioner filed an objection before the S.D.O., Electric Division, whereupon work of carrying out the electrical installation was stayed. The plaintiff-respondent in the same application also alluded to his easement right in respect of Schedule B land, as per condition incorporated, in the sale deed by which the plaintiff-respondent purchased Schedule A land from the defendant-petitioner.

2. In this
















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