JOGINDER SINGH Vs. KULDIP SINGH

JUDGEMENT

(1.) . This civil revision petition is filed by the petitioner, who is defendant no.1 in the suit, under Section 115 of the CPC assailing the order of an Additional District Judge dated 31.8.1999 by which he had dismissed an application filed by the petitioner for grant of leave to defend the suit filed by the defendant no.1 against him for recovery of Rs.30,000.00 under the summary procedure of Order 37 CPC.

(2.) . The facts of the case are peculiar. The respondent no. 1 Mr. Kuldeep Singh and respondent no.2 Sardar Mr.Udham Singh are brothers. Their father owned property No.1/210/4, Sadar Bazar. Delhi Cantt, Delhi. The electricity meter was installed in the name of Sardar Amrik Singh which provided electricity to the premises. Sardar Amrik Singh sold one half of this property In favour of his grandson Sardar Indermohan Singh. who is a son of the respondent no.2. by a registered sale deed dated 10.5.1995. Portion of the property which was purchased by Sardar Indermohan Singh was given seperate number 1/210/4A. Sardar Indermohan Singh lived in the portion of the property purchased by him. The remaining half of the property continued to be in occupation and use of respondent no.1 Sardar Kuldeep Singh and his brother Sardar Harmit Singh. The electricity in both the portions continued to be used from a common electricity meter bearing No.MN-212-1260153-M-434-DL/Dl. Sardar Indermohan Singh became liable to pay electricity consumption charges from the date of purchase of half of the property by him i.e.10.5.1995. The electricity bill dated 9.5.1996 was received for an amount of Rs.1.16,703.00 besides a late fee of Rs.2,001.00. It was not paid. A sum of Rs.30,000/- was paid by Sardar Indermohan Singh in order to avoid disconnection of the electricity but since the entire bill was not paid the electricity supply was discontinued by the DESU (now DVB) on 12.12.1996. A dispute arose between the defendant no.1 on the one hand and Sardar Indermohan Singh on the other hand regarding sharing of the electricity bill and for restoration of electricity connection.

(3.) . On 9.7.1996 it appears, the two respondents Sardar Kuldip Singh and Sardar Udham Singh agreed to settle the amount of electricity bill by referring it to an arbitrator. As an assurance that the dispute would be settled by him the respondent no.1 Sardar Kuldip Singh deposited a sum of Rs.30,000.00 with the petitioner. Both the respondents then made a writing which is annexure A to the petition. The writing made by the respondent no.2 stated that the petitioner was to be appointed to settle the dispute between him and Sardar Kuldip Singh and that he would abide by his (arbitrator's) decision. Sardar Kuldip Singh on the other hand made the following writing in the Hindi script which when translated into English read as under;-