Case Note & Summary
The plaintiff, Deepak Chaturaji Tabhane, was a tenant in a shop owned by the defendants, Sunanda Tanmane and others, at Plot No. 162, Ashok Nagar, Nagpur. He ran a general store selling daily need articles. On 28.2.1997, the defendants disconnected the electricity supply to the shop, claiming that the plaintiff's submeter was installed in their premises. The plaintiff filed Regular Civil Suit No. 298/1997, which was decreed on 19.12.2002, directing restoration of electricity. However, due to the disconnection, the plaintiff suffered business loss, as customers stopped visiting, and he had to close the shop after 6 p.m. and could not run it in summer. He claimed damages of Rs. 6 lakhs. The defendants denied the tenancy and the disconnection, and contended that the suit was barred by limitation and that the plaintiff had vacated the premises. The trial court (3rd Joint Civil Judge, Sr. Dn., Nagpur) in Special Civil Suit No. 941/2003 decreed the suit in part, awarding Rs. 1,00,000 as damages with interest. The defendants appealed to the District Court, which allowed the appeal (Regular Civil Appeal No. 51/2006) and dismissed the suit, holding that the suit was barred by limitation and that the plaintiff had not proved damages. The plaintiff then filed the present second appeal. The High Court admitted the appeal on substantial questions of law: whether the suit was barred by limitation and whether the plaintiff was entitled to damages. The court held that the suit was governed by Article 113 of the Limitation Act, 1963, and the right to sue accrued when the plaintiff suffered actual loss, which continued until he vacated in 2003. The suit filed in 2003 was within limitation. On damages, the court found that the plaintiff had proved his loss through evidence, including the fact that he had to close the shop early and suffered loss of business. The trial court's award of Rs. 1,00,000 was reasonable. The High Court allowed the appeal, set aside the first appellate court's judgment, and restored the trial court's decree with costs.
Headnote
A) Limitation Act - Article 113 - Suit for Damages - Illegal Disconnection of Electricity - The suit for damages is governed by Article 113 of the Limitation Act, 1963, which provides a period of three years from the date when the right to sue accrues. The right to sue accrues when the plaintiff suffers actual loss or damage, not merely from the date of the wrongful act. In this case, the disconnection occurred on 28.2.1997, but the plaintiff continued to suffer loss until he vacated the premises in 2003. The suit filed in 2003 was held to be within limitation as the cause of action was continuing. (Paras 5-6) B) Damages - Tort - Illegal Disconnection of Electricity - Tenant's Entitlement - A tenant who is illegally deprived of electricity by the landlord is entitled to claim damages for the loss suffered. The court must assess damages based on the evidence of loss, including loss of business and inconvenience. In this case, the trial court awarded Rs. 1,00,000 as damages, which was set aside by the first appellate court. The High Court restored the trial court's decree, holding that the plaintiff had proved his loss and was entitled to damages. (Paras 7-8) C) Second Appeal - Substantial Question of Law - Limitation and Damages - The High Court admitted the second appeal on the substantial questions of law regarding limitation and entitlement to damages. The court held that the first appellate court erred in reversing the trial court's findings without properly considering the evidence and the law on limitation. The appeal was allowed, and the trial court's decree was restored. (Paras 4, 9)
Issue of Consideration
Whether the suit for damages filed by the plaintiff-tenant against the defendants-landlords for illegal disconnection of electricity was barred by limitation and whether the plaintiff was entitled to damages.
Final Decision
Second appeal allowed. Judgment and order dated 24.9.2008 of the District Judge-10, Nagpur in Regular Civil Appeal No. 51/2006 set aside. Judgment and decree dated 21.10.2009 of the 3rd Joint Civil Judge, Sr. Dn., Nagpur in Special Civil Suit No. 941/2003 restored. Respondents to pay costs.
Law Points
- Limitation Act
- 1963
- Article 113
- Damages for tort
- Illegal disconnection of electricity
- Tenant's right to sue
- Substantial question of law
