AMIT VED Vs. GULJINDER SINGH & ANR.

JUDGEMENT

(1.) By the present petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the order dated 01.09.2016 by which an application filed by the petitioner under Order 1, Rule 10 CPC was dismissed.

(2.) Respondent No.1 has filed the suit against respondent No.2 for mandatory injunction. In the suit, it is prayed that respondent No. 2 be directed to re-install the electricity meter or install a new electricity meter and restore the electricity supply. As per the plaint, respondent No. 1 states that his grandfather late Sh. Gurbux Singh was the tenant of the owner Shree Rishyanand Trust whose whereabouts are known. It is stated that Sh. Gurbux Singh was running his furniture and interior decoration business from the suit property and he had an electricity connection in his own name. It is further stated that respondent No.1 has been regularly paying electricity bills. Later on, he also obtained an electricity connection in his own name but by a typographical mistake, there was an error and instead of writing the correct address i.e. "J-5", NDPL the electricity company has inadvertently mentioned it as "J-15".

(3.) The petitioner has moved the present application under Order 1, Rule 10 CPC claiming that the applicant is the owner of the suit property. It is stated that originally Swami Nirbhayanand had purchased this property for one Sh. Wazir Chand Kapoor vide a registered Sale Deed dated 08.02.1956. Swami Nirbhayanand during his life executed a Will dated 17.10.1970 in favour of Sh. Ved Prakash, the father of the applicant. On the death of Swami Nirbhayanand, the father of the applicant became the owner of the property. After the death of his father, the applicant claims to have become the owner of the property.