SURAT ELECTRICITY COMPANY LIMITED Vs. RAJESHWARIBEN JAMIETRAM

JUDGEMENT

(1.) The opponent is the original plaintiff who instituted Regular Civil Suit No. 125 of 1986 for declaration against the petitioner original defendant Company. The plaintiff sought declaration that the defendant company has no right, title or interest to erect electric sub-station and instal transformer at Swayamprakash Park Society over the land bearing survey Nos. 1119/1, 1129 and 1130. According to the case of the plaintiff, there was no contract between the defendant and the plaintiff about the erection of electric sub-station and that the erection of the said sub-station exactly below the plaintiff's flat would obstruct the passage and parking of vehicles and will be hazardous.

(2.) The suit was resisted by the defendant-Company by, inter alia, contending that M/s. Keshav and Company were the organisers of the Swayamprakash Park Society and they have provided the space for electric sub-traction with a view to enable the company to supply power to the flat holders and others in the neighbourhood. There was an agreement executed between the parties in this behalf as per the contention of the defendant-Company. The Company has also contended that the said M/s. Keshav and Company had instituted Civil Suit No. 1429 of 1985 on behalf of the flat holders seeking direction from the Court to the defendant- Company to give electric connection contending that they had parted with land f 12' x 10' for the purpose of construction of the power sub-station. The plea of estoppel was also raised by the plaintiff in that suit against the defendant-Company. The plaintiff in that case had also obtained interim mandatory order against the defendant- Company for supply of electricity. It was also pleaded that there was no likelihood of any damage being caused as proper care and caution was taken.

(3.) The plaintiff submitted an application Ex. 5 for interim injunction restraining the defendant-Company from installing electrict sub-station or transformer at the disputed land which came to be rejected by the Civil Judge (S.D.) at Surat on 2 7/11/1986.