Calcutta High Court (Appellete Side)
Snandy vs (Revision Fails) on 20 June, 2016
Author: Soumen Sen
Bench: Soumen Sen
1 20.06.2016 CO 1987 of 2016 Court Room No. 37 Item No. SL-27 Pranabesh Bhattacharya & Ors. snandy Vs. (REVISION FAILS) Hara Prasad Utthasini & Ors.
Mr. Subrata Santra, Advocate ...For the Petitioner The application filed by the defendant no. 1 praying for taking electric connection in the suit property for preemption alternatively partition, under Section 4 of the Partition Act. The defendant no. 1 claims to be a shareholder over the suit plot nos. 820 and 821 and his name has been recorded in LRROR properly. The plaintiff and the defendant no. 1 both applied for electric connection before the concerned authority. The plaintiff no. 1, however, contended that the defendant no. 1 had no possession over the suit property and he merely a stranger to the suit property and, therefore, a stranger who has no possession over the suit property cannot take any electric connection.
It appears that the defendant no. 1 has claimed to be a co-sharer in the suit property and has relied upon certain documents in support of such claim. The Trial Court referred to its earlier order dated March 31, 2014 wherein it was observed that both the plaintiff and defendant are in possession of the suit property and they are co-sharer to each over.
On such consideration, the order passed by the trial Court, in my view, does not call for any interference.
The revisional application fails. No order as to costs.
(Soumen Sen, J.) 2 3