IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION
(CIVIL REVISIONAL JURISDICTION)
Present:
Mr. Justice Md. Mozibur Rahman Miah and
[
Mr. Justice Md. Bashir Ullah
Civil Revision No. 3690 of 2018
In the matter of:
An application under Section 115(1) of the Code of Civil Procedure, 1908
And
In the matter of:
Md. Emdadul Haque
---Defendant-Petitioner.
-Versus-
A.K.S.Mozibul Haque and others.
---Plaintiffs-Opposite parties.
Mr. Md. Modersher Ali Khan, Advocate
---For the petitioner. Mr. Md. Alamgir Mostafizur Rahman with Mr. Mohammad Rayhan Uddin, Advocates
--- For the opposite party Nos.1-2.
Heard on 30.07.2024
Judgment on: 31.07.2024
Md. Bashir Ullah, J
At the instance of the defendant no. 1 in Title Suit No. 89 of 2018 this rule was issued calling upon the opposite party nos. 1 and 2 to show cause as to why the judgment and order dated 18.10.2018 passed by the learned Joint District Judge, 4th Court, Dhaka in the said suit allowing an application of the plaintiffs directing the defendants to re-connect water, electricity and gas line in the scheduled property should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.
The short facts, relevant for the disposal of the instant rule are:
1
The 'Ka' schedule property so described in the plaint belonged to
one Md. Sirajul Haque and he constructed a four-storey building on the
suit land by taking loan from Bangladesh House Building Finance Corporation by mortgaging the said property. However, he died unmarried, leaving behind four brothers and one sister and accordingly
the plaintiffs nos. 1 and 2 and defendants nos. 1 and 2 and the mother of
defendant nos. 4 to 7 became owners in the scheduled land as heirs.
They have been enjoying possession of the suit land upon making
payment of the installments of the loan and other utility bills. The
plaintiffs approached the defendants nos.1 and 2 to make partition of the
land on 04.10.2017 but the defendant nos.1 and 2 did not pay any heed
to the same rather the defendant nos. 1 and 2 disclosed that Md. Sirajul
Haque transferred the 'Ka' scheduled property in their favour by a deed
of gift and that of defendant no.3 by an ''Oshiyat nama''. Having
informed, the plaintiff nos. 1 and 2 then obtained two registered deeds
vide Nos. 4356 dated 29.04.2015 and 142 dated 04.12.2014. Since, the
plaintiffs are the co-sharer in the suit land, they thus instituted the above
mentioned suit for partition and declaration that, deed Nos. 4356 dated 29.04.2015 and 141 dated 04.12.2015 are illegal, void and inoperative
seeking following reliefs:
(L) h¡c£NZ "L' af¢pm h¢ZÑa e¡¢mn£ pÇf¢š−a a¡q¡−cl A¢hh¡¢qa jªa ï¡a¡l Ju¡¢ln ¢qp¡−h 4/9 Aw−n 0232 Ak¤a¡wn pÇf¢šl j¡¢mL j−jÑ HL fË¡b¢jL ¢X¢œ² ¢c−a;
pq ¢h‘ HX−i¡−LV L¢jne¡−ll p−lS¢j−e f¢lj¡f J ac¿¹
fË¢a−hce ¢h‘ Bc¡m−a Sj¡ ®cJu¡l SeÉ Sl£f ‘¡e pÇfæ HX−i¡−LV L¢jne¡l−L ¢e−cÑn ¢c−a;
fË¢a−hce NËqZ Llax ac¡e¤p¡−l Q¨s¡¿¹ ¢X¢œ² fËQ¡l L¢l−a ;
Ll¡l ¢e−cÑn ¢c−a;
f¡Ju¡l A¢dL¡l£ Eq¡J ¢X¢œ² ¢c−az
The petitioner as defendant no.1 entered appearance and contested
the said suit but did not file any written statement till 18.10.2018.
During trial, the plaintiffs-opposite parties on 18.10.2018 filed an
application seeking reconnection of water, electricity and gas line in the
scheduled property and not to disconnect the said lines till disposal of
the suit.
Upon hearing the parties, learned Joint District Judge, 4th Court,
Dhaka vide impugned order dated 18.10.2018 directed the defendants to
reconnect the water, electricity and gas lines in the scheduled property
directing further that, the plaintiffs would pay electricity, gas and water
bills proportionately. The trial Court also held that, there was no
prohibitory order upon the WASA, Titas Gas and the electricity
authority to disconnect the lines for violations of rules by the consumer.
Being aggrieved by and dissatisfied with the said order dated
18.10.2018, passed by the learned Joint District Judge, 4th Court, Dhaka
the defendant no.1 as petitioner filed this civil revision and obtained the
rule.
Mr. Md. Modersher Ali Khan, learned Advocate appearing on behalf of the petitioner contends that, the meters of the water, gas and electricity connections are in the name of the petitioner and if the plaintiff-opposite party steals or pilferages the water, gas and electricity or does not pay the bills then the defendant-petitioner will be held liable in the eye of law and hence, the trial court has committed an error of law resulting in an error in the decision occasioning failure of justice in directing to reconnect the water, gas and electricity line of the scheduled property and the same cannot be sustained in law.
He further submits that, earlier the plaintiffs did not pay the utility bills resulting in huge bills remained unpaid against the plaintiffs and finally prays for making the rule absolute.
On the contrary, Mr. Mohammad Rayhan Uddin, learned Advocate for the opposite party nos.1-2 submits that there is no illegality in the impugned order as the trial Court has rightly considered the application filed by the plaintiffs on humanitarian grounds as there are no dues stands against the plaintiff-opposite parties.
The learned counsel finally submits that, the learned judge of the trial Court has rightly passed the impugned order which does not call for any interference by this Honourable Court.
We have considered the submission so advanced by the learned Advocates for the parties, perused the revisional application, the impugned order passed by the trial Court, and other materials on record.
It has been stated in the plaint that, the 'Ka' schedule property belonged to one Md. Sirajul Haque and he constructed a four-storey
building on the scheduled land by availing loan from defendant no. 8,
namely, Bangladesh House Building Finance Corporation. However,
Md. Sirajul Haque died unmarried leaving behind 4 brothers and 1 sister
and on 21.01.2018, sister, namely, Monowara died leaving behind
defendant nos. 4 to 7. Thus the plaintiff nos.1 and 2 and defendants nos.
1, 2 and 4 to 7 became the owner of the scheduled property. They have
been enjoying possession of the scheduled property jointly. The
plaintiffs filed the Title Suit for partition of the scheduled property and
declaration that, the deeds nos. 4356 dated 29.04.2015 and 142 dated
04.12.2014 are illegal and void. In the meantime, the defendant nos.1
and 2 disconnected the plaintiff’s WASA, gas and electricity lines and
therefore the plaintiffs filed an application before the Joint District
Judge, 4th Court, Dhaka on 18.10.2018 and on hearing of the parties, the
trial Court directed to re-connect the plaintiffs’ water, electricity and gas
lines. The Court also directed them to pay the utility bills proportionately
where the Court below observed that there is no injunction or any
prohibitory order upon the authority that led them to disconnect the
utility lines in the event of failure in making payment of the bill or
violation of any rules.
The trial court passed the impugned order which runs as follows:
e¢b fk¡Ñ−m¡Qe¡ Llm¡jz e¡¢mn£ pÇf¢š HSj¡¢m pÇf¢š qJu¡u Hhw h¡c£ J ¢hh¡c£ HLC ¢h¢ôw-H hph¡p Ll¡u f¢lh¡l-f¢lSe ¢e−u hph¡−pl ¢hou¢V j¡e¢hL ¢cL ¢h−hQe¡u Hacpwœ²¡−¿¹ fË−u¡Se£u B−cn fËc¡e Ll¡ pj£Q£e j−e L¢l J clM¡−Øa h¢ZÑa ®qa¥ p¿¹¢øœ²−j h¡c£
f−rl fË¡bÑe¡¢V f¢lha£Ña BL¡−l j”¤l Ll¡ q−m¡z ag¢pm
h¢ZÑa |pÇf¢š J clM¡−Øa h¢ZÑa ag¢p−ml f¡¢e, ¢hc¤Év J NÉ¡p m¡Ce f¤expw−k¡Se Ll¡l SeÉ ¢hh¡c£ fr−L ¢e−cÑn ®cJu¡ ®Nmz h¡c£fr j¡jm¡¢V ¢eØf¢š e¡ qJu¡ fkÑ¿¹ A¡e¤f¡¢aL q¡−l ¢hc¤Év, NÉ¡p J f¡¢e ¢hm f¢l−n¡d Ll−hez
a−h plhl¡qL¡l£ fË¢aù¡e ab¡ Ju¡p¡, ¢aa¡p NÉ¡p ¢mx,
¢hc¤Év Eæue ®h¡XÑ CaÉ¡¢cl à¡l¡ NË¡qL LaªÑL ¢h¢d mwO−el SeÉ ®L¡e ¢h¢µRæ LlZ L¡kÑœ²−j Aœ Bc¡m−al ®L¡e ¢e−od¡‘¡j§mL B−cn −eCz
Upon perusal, we find no illegality in the impugned order passed
by the learned Joint District Judge, 4th Court, Dhaka directing to
reconnect the utility lines of the plaintiffs.
Hence, we find no substance and merit in the rule and as such the
same is liable to be discharged.
Accordingly, the rule is discharged without any order as to costs.
The defendants-petitioners are hereby directed to reconnect all utility lines of the plaintiffs namely the Water, Gas and Electricity and take proper and necessary steps to ensure such action within 15(fifteen) days. The defendants-petitioners are further directed to submit description of arrear bills of the utility services which were not paid by the plaintiffs-opposite parties before the trial Court within a period of 01(one) month from date by supplying a copy of such description to the plaintiffs-opposite parties. If the plaintiffs-opposite parties have any objection with regard to such description, they are at liberty to submit a counter statement against the same also within a period of 01 (one) month from receiving the description of arrear bills.
After receiving the claim and counterclaim, the trial Court, is at liberty to pass necessary order after assessing the claim of the defendant- petitioner and if any arrear bills are found against the plaintiffs, the trial Court can direct the plaintiffs to pay the same to the defendant or to the concerned utility authority/authorities directing the plaintiffs to pay the same within a period of 02(two) months from passing such order and in the event of default in making such payment by the plaintiffs, the respective utility authorities can disconnect all the utility connection of the plaintiffs forthwith.
Let a copy of the judgment and order be communicated to the concerned Court forthwith.
Md. Mozibur Rahman Miah,J
I agree.
Aziz/abo