Case Note & Summary
The dispute arose from a civil appeal concerning the restoration of electric supply to the premises occupied by the appellant, Dipali Dey (Baxi), who claimed to be a tenant. The appellant filed a suit for a declaration of her tenancy, asserting that she had been paying rent of Rs.150 per month but had not received any rent receipts. Following the disconnection of electric supply by the respondent, Mira Das, the appellant sought an injunction to restore the supply, which was granted by both lower courts. However, the High Court intervened and allowed a revision petition filed by the respondent, leading to the appellant's appeal to the Supreme Court. The Supreme Court found that the High Court had exceeded its jurisdiction by interfering with the concurrent orders of the lower courts. The Court emphasized that the question of tenancy would be determined during the trial, and since the appellant was in possession of the premises, the electric supply should be restored. Consequently, the Supreme Court set aside the High Court's order, restored the lower courts' decisions, and directed that the pending suits be disposed of within six months without unnecessary adjournments. The appeal was allowed without costs.
Headnote
A) Civil Procedure - Jurisdiction of High Court - Interference with Concurrent Orders - Article 227 of the Constitution - High Court acted beyond its jurisdiction by overturning the concurrent orders of the lower courts that directed restoration of electric supply to the appellant's tenanted premises. The appellant, claiming to be a tenant, was in possession of the premises, and the High Court should not have interfered with the orders allowing the injunction for restoration of electric supply. Held that the orders of the lower courts were restored (Paras 2-4).
Issue of Consideration
Whether the High Court was justified in interfering with the concurrent orders of the lower courts regarding the restoration of electric supply to the appellant's premises.
Final Decision
The Supreme Court set aside the High Court's order, restored the orders of the lower courts directing the restoration of electric supply, and mandated the disposal of pending suits within six months.
Law Points
- jurisdiction of High Court
- injunction
- tenant rights
- restoration of electric supply
