GULBARGA ELECTRICITY SUPPLY CO LTD Vs. FATHIMA BEE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned Special Judge, Bellary under the Karnataka Electricity Act vide O.S.No.14/2003 dated 10.08.2005. Appellants herein are the defendants in the said suit. Respondent is the plaintiff in the said suit. Parties will be referred to as plaintiff and defendant Nos.1 to 3 as per their ranking given in the trial Court.

(2.) SUIT filed for the relief of permanent injunction by the plaintiff has been decreed as prayed for and the defendants have been restrained from interfering with the supply of electricity to the meter installation bearing RR No.84864/P -3 - 87 under which the electricity is being supplied to a hotel run under the name and style "M/s Taj Restaurant Garden" in Bellary. The case of the plaintiff is that, she is not at all connected with the premises and it has occupied by her grandson Mohammad Ghouse which has meter bearing RR No.P -17295/P -3 -6 and that defendants cannot stop electricity to the meter bearing RR No.P -84864/P -3 -87 on the ground that Mohammad Ghouse owes some money towards the arrears of back billing charges.

(3.) ACCORDING to the defendants, the meter connection bearing RR P -17295/P -3 -6 of Taj Restaurant Garden run in Bellary town and the said installation was in the name of the Mohammad Ghouse, the grandson of the plaintiff. The installation bearing RR P -84864/P -3 -87 is registered in the name of Smt.Fathima Bee and this connection was given to Fathima Bee on 17.02.2003. According to the defendants, the said meter is also in the same premises as the installation bearing RR P -17295/P -3 -6. It is stated that on 20.01.2003 the Vigilance Squad of KPTCL visited the premises having P -17295/P -3 -6 and found that the meter had been tampered and that the power was being extracted dishonestly which amounted to theft. Therefore, the Assistant Executive Engineer of Vigilance Squad claimed a sum of Rs.63,456/ - from Mohammad Ghouse, the grandson of the plaintiff and he voluntarily paid half of the amount i.e., Rs.32,000/ - on 23.01.2003 and hence the power supply again restored. Mr.Mohammad Ghouse is stated to have agreed to pay the balance within six months in installments and had given a letter to the KEB on 23.01.2003 itself. The averment that defendants have made claim for the remaining amount without issuing notice is incorrect. It is stated that no demand is made against the plaintiff in respect of P -17295/P - 3 -6. It is stated that question of serving notice on the plaintiff in respect of RR P -84864/P -3 -87 does not arise, as no amount is due towards back billing charges from the plaintiff. It is stated that Mohammad Ghouse has admitted his theft and in this regard, back billing is done. The new power connection in RR P -84864/P -3 -87 is stated to have been obtained by the plaintiff and her grandson with malafide intention to run the hotel by alternative power supply after original power supply was disconnected. The original meter bearing RR P -17295/P -3 -6 is stated to be not in service for non payment of arrears. There is no cause of action for the suit. On the basis of the above pleadings, following issues came to be framed.