SADHU SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS regular second appeal by plaintiff is directed against the judgment and decree dated 29.04.2009 passed by learned Civil Judge (Senior Division), Rupnagar, whereby the suit for permanent injunction filed by the appellant/plaintiff was dismissed as well as against the judgment and decree dated 19.05.2010 passed by learned Additional District Judge (FTC), Ropar, whereby the appeal preferred by the plaintiff has been dismissed.

(2.) THE detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for permanent injunction claiming that he is owner in possession of the land fully detailed in the headnote of the plaint. Plaintiff came to know that defendants wrongly, illegally and forcibly want to pass the electric wires and instal supporting poles in the land of the plaintiff. The said line, if laid, may be dangerous to the life of general public and as well as his family members. The land of the plaintiff being near the main road of the village is very costly but due to installing poles in it and by passing electric wires the value of the land would be decreased. Defendants have already passed three lines over the suit land forcibly and illegally without the consent of the plaintif. The defendants in order to give benefit to other persons are trying to uproot the poles from the adjacent fields and want to put the same in the land of the plaintiff.

(3.) UPON notice defendants filed written statement raising preliminary objections regarding maintainability, non -joinder of necessary parties etc. On merits, defendants have denied the averments in the plaint. Transformer of 25 KW is already installed in the land of plaintiff at point A of the site plan and electricity wires from point B to A also exist there adjacent to the kutcha rasta. Now the Board is installing the line at point C on the request of other consumers after dismantling the line DF. The proposed line can be erected only by installing a pole at point E.