1. Heard Mr. O.P. Bhati, learned counsel for the petitioner and Mr. S.P. Roy, learned counsel for the opposite parties.

2. The petitioner herein as plaintiff instituted Title Suit No.492/2012 in the court of learned Munsiff No.2, Kamrup at Guwahati praying for a decree of permanent injunction restraining the defendants from disconnecting of electricity and water to the tenanted premises along with other reliefs. The defendant landlord on being summoned appeared and filed written statement along with a counter-claim. The paragraph IX of the counter-claim was as follows :-

“IX. That the suit for declaration is valued at Rs.10,000/- and recovery of arrear electricity charges at Rs.3,663/- for the purpose of jurisdiction and Court fee and on both counts the separate ad valorem Court fee is paid.”

In the counter-claim the landlord prayed for a declaration that plaintiff is a defaulter in paying rent and that the tenanted premises was required bona fide by the defendants and so prayed for a decree of eviction of the plaintiff from the tenanted premises along with a prayer for realization of arrear electricity charges to the tune of Rs.3663/-.

3. The learned trial court accordingly