NEW DELHI MUNICIPAL COUNCIL Vs. I C MITTAL

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 06.12.2008 which had reversed the findings of the trial Judge dated 28.08.2008. The trial Judge vide judgment and decree dated 28.08.2008 had dismissed the suit of the plaintiff which was a suit for permanent and mandatory injunction. The impugned judgment had reversed this finding. The suit of the plaintiff had been decreed in appeal.

(2.) THE case of the plaintiff is that he is the co-owner of the property bearing No. 52, Todermal Road, New Delhi. He along with his three brothers had inherited this property from their deceased father late Shri Data Ram Mittal. He has 1/4th share in the suit property. THEre are two water connections and two electricity meters supplying electricity on the first floor which is under the occupation of the plaintiff. He has no concern or control over the other water and electricity connections which are being occupied by other co-owners. After the death of their father in 1977, the plaintiff had been writing to the concerned authorities to transfer the electricity and water connections of the property in his name. Documents had also been furnished by him to the said effect but to no avail. THE plaintiff was regularly making payment of his electricity and water bills. However without notice his water connection was disconnected; the plaintiff apprehends that the electricity connection would also be disconnected as the department is bent on harassing him. Suit was accordingly filed.

(3.) ORAL and documentary evidence was led. The trial Judge was of the view that the plaintiff had failed to supply the relevant documents to the department; in this view of the matter electricity and water connection could not be transferred in his name; he was not entitled to any relief; his suit was dismissed.