Amit Kumar Shah vs Parvez Sharif - 2023 Supreme(Megh) 4

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 4

H. S. THANGKHIEW
Amit Kumar Shah – Appellant
Versus
Parvez Sharif – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Jindal, Adv.
For the Respondent: Mr. S. Sen, Adv.

Table of Content
1. tenant's electricity was disconnected prior to the eviction lawsuit. (Para 1 , 2)
2. arguments regarding jurisdiction and procedure in eviction case. (Para 3 , 4 , 5)
3. court's focus on the necessity of fair hearing. (Para 6 , 7 , 8 , 9 , 10)
4. impugned orders set aside, proceedings to resume before lower court. (Para 11 , 12 , 13)

JUDGMENT :

H.S. THANGKHIEW, J.

1. The case of the petitioner is that, he is a tenant of the respondent who had instituted a suit for eviction, being Ejectment Suit No. 25(H) of 2022, before the Court of the Assistant District Judge, Shillong against him, and that even before his appearance in the case, the electricity to the suit premises was disconnected. A Misc. Case was then filed by the petitioner under Section 6 and 7 of the Meghalaya Urban Areas Rent Control Act, read with Section 94 and 151 of the CPC, for restoration of the electricity connection, before the Court of the Assistant District Judge, Shillong, which by order dated 22.02.2023, while issuing notice, also ordered that, in the interim the connection be restored pending the disposal of the said Misc. Case.

2. The respondent being aggrieved, then preferred an appeal against t

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