RAJA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a plaintiff's appeal. A notice was issued to the plaintiff by a Magistrate under Clause (3) of Section 18 of the Indian Electricity Act, 1910 requiring him to demolish a portion of his building specified at the foot of the plaint. By a suit the plaintiff challenged the validity of the notice and claimed an injunction restraining the defendant from demolishing that portion of the plaintiff's building,

(2.) The suit was contested on the ground that the notice was. valid and the plaintiff was not entitled to the Injunction claimed by him. A plea about Section 80, C.P. C. was also raised. All the pleas raised by the defendant except two were overruled by the trial Court. It held in favour of the defendant that the notice issued under Section is of the Indian Electricity Act was valid and that an injunction as claimed by the plaintiff could not be granted under Section 56(d) of the Specific Relief Act. On these findings it dismissed the suit.

(3.) The plaintiff went up in appeal to the Civil Judge. The pleas of the defendant which had been overruled were not pressed in appeal on his behalf. The learned Civil Judge differed from the trial Court about the validity of the notice under Section 18(3) of the Indian Electricity Act and hem that the notice was not valid. He, however, agreed that the function claimed could not be issued in view of Section 56(d) of the Specific Relief Act. In view of the last mentioned finding he dismissed the appeal with costs.