OM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) OM Singh (plaintiff in the trial court) has filed the present appeal and it has been directed against the judgement and decree dated 24.12.1999 passed by the Addl. District Judge, Hisar, who allowed the appeal of the Haryana State Electricity Board and dismissed the suit of the plaintiff by reversing the judgment and decree dated 31.1.1997 passed by Civil Judge (Junior Division), Hansi, who at one point of time decreed the suit of the plaintiff-appellant.

(2.) SOME facts can be noticed in the following manner :- The case set up by the plaintiff was that he was the proprietor of village Moth and had constructed a residential house and a tubewell on his land. Electric connection No. M-849 was given to Suresh Kumar for his tubewell and in May, 1992 said Suresh Kumar had given an application and on the basis of that application the electric connection was transferred in the name of the plaintiff on deposit of security and electric connection No. M-1210 was allotted to him. Trans-after he is making the payment of the bills regularly and nothing is due to the Board. But the Board wants to disconnect the electric supply of the plaintiff. The suit was contested on the ground that the tubewell connection was in the name of Suresh Lamba, who got the same disconnected but the S.D.O. of the Board has released the connection in the name of the plaintiff without any rules and regulations. Moreover, electric connection cannot be changed without the consent of the previous consumer. Suresh Lamba never gave any consent for the change of the name of the consumer. Therefore, the electric supply could not be granted to the plaintiff.

(3.) THE trial Court for the reasons given in para Nos. 11 to 13 of the judgment dated 31.1.1997 decreed the suit and the said reasons are quoted as under :-