KESARA VIRAJI PATEL Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) This Second appeal is directed against the judgment and decree dated August 7, 1993 passed by the learned Extra-Assistant Judge, Kachchh at Bhuj in Regular Civil Appeal No. 30 of 1986, by which the decree dated March 7, 1986 passed by the learned Civil judge (Jr. Division) Nakhatrana (Kachchh) in Civil Suit No. 18 of 1984 is reversed.

(2.) The appellant is one of the consumers of Gujarat Electricity Board. For recording consumption of energy, a meter was installed at the premises of the appellant. On May 8, 1984, the meter was checked by the officers of the Gujarat Electricity Board and it was found that the meter was tampered with. The rojkam was prepared in the presence of Panchas and thereafter, the meter was removed by the officers of the Board. The appellant was served with a letter dated May 29, 1984 informing him that the appellant had committed theft of electric energy. Appellant was also served with an additional bill dated May 29, 1984 and was called upon to make payment of Rs. 11,851.88p. On receipt of the bill, appellant instituted Civil Suit No. 18 of 1984 in the Court of learned Civil Judge (J.D.), Nakhatrana at Kachchh and prayed to declare the bill to be illegal. The appellant also prayed for mandatory injunction directing the Gujarat Electricity Board to instal a meter at is original place and not to remove the same thereafter.

(3.) The suit of the appellant was contested by Gujarat Electricity Board vide written statement Exh. 19. It was inter alia contended that the appellant had committed theft to energy and, therefore, suit was liable to be dismissed.