M/s Karam Chand Thappar (CS) Ltd v. M/s Bux Ranka Developers (P) Ltd

Regular First Appeal 1603 / 2005 Between M/s Karam Chand Thappar (CS) Ltd # 1115, 1st Floor, # 1, OTC Road Badami House, N R Square Bangalore By its Manager – Mr Amarnath Vhavle (By Sri K R Ganesh, Adv.) And 1 2 M/s Bux Ranka Developers (P) Ltd # 31, Cunningham Road Bangalore - by its M D Mr Dinesh Ranka Asst. Executive Engineer E - 9th Sub Division, J C Road (Behind Mysugar Building) BESCOM, Bangalore (By SriK Munivenkatappa, Adv. For R1; Sri Venkatesh H Dodderi, Adv. For R2) Appellant Respondents 2 First Appeal is filed under S.96, Civil Procedure Code to set aside the judgment and decree in OS 15054/2003 by the XIII Addl. City Civil Judge, Bangalore on 4.4.2005. Appeal coming on for hearing this day, the Court delivered the following: JUDGMENT This is a plaintiff's appeal challenging the judgment and decree passed in OS 15054/2003 on 4.4.2005 by the XIII Addl. City Civil Judge, Bangalore. Plaintiff filed a suit for mandatory injunction against the defendants to direct the 2nd defendant to accept the arrears of electricity consumption charges in respect of the schedule premises in occupation of the plaintiff and to restore power supply to the premises and also in the alternative, direct the 2nd respondent to sanction installation of new meter to the schedule premises by issuing a mandatory injunction and also direct the 1 st respondent to restore water supply to the schedule building.

The suit was contested by filing written statement. The trial court having raised as many as three issues for consideration, dismissed the suit 3 on three grounds. It has observed, as per the amended Karnataka Rent Act, 1999, plinth area exceeds 15 sq. Mtrs in case of a commercial premises. The Rent Act applies only if the plinth area does not exceed 14 sq.mtrs. Accordingly, holding that the plaintiff has not furnished the details of the plinth area and also the plaintiff is not entitled for mandatory injunction for a separate electricity connection, dismissed the suit. Heard the counsel representing the appellant plaintiff. None represents the respondent. It appears, according to the appellant's counsel, the plinth area is more than 15 sq.mtrs. However, in this regard, no material is placed. Only on the ground of maintainability and for want of details, the original suit came to be dismissed. The trial court ought to have given an opportunity to the plaintiff to explain or to bring necessary material on record.

In the circumstances, in the absence of any representation from the respondent and also the background in which the trial court dismissed the 4 suit, the impugned order is set aside. Matter is remitted to the trial court with a direction to the plaintiff to amend the plaint and also produce additional documents, for disposal of the matter according to law, after due notice to the parties. All contentions are left open to be urged. Appeal is allowed. Send back the records. sd/- Judge