HPSEB AND ANR. Vs. SANSAR CHAND KATOCH

JUDGEMENT

(1.) THE Appellants, who were Defendants, have filed the appeal against judgment, decree dated 23.7.2001 passed by learned District Judge, Kangra at Dharamshala in Civil Appeal No. 84 -P/XIII -2000, affirming judgement, decree dated 31.3.2000 passed by learned Senior Sub Judge, Kangra at Dharamshala in Civil Suit No. 63 of 1994.

(2.) THE facts in brief are that Respondent had filed a suit for mandatory injunction directing the Appellants to remove the electric poles installed illegally and unauthorisedly near his house and out -house in village Khaira, Tehsil Palampur, District Kangra. It has been alleged that Respondent after retirement settled at Ram Nagar, Dharamshala. He occasionally visited his ancestral house in village Khaira. In April 1991, in his absence, the Appellants had fixed three poles close to the entry gate of his house and near the courtyard. There is a power line near and over his house. The Appellants had fixed another pole on his land after shifting the same from the land of one Upinder Paul. The Appellants before fixing the poles did not acquire the land nor did they take consent of the Respondent. The fixing of poles by the Appellants over the land of the Respondent is against the rules and instructions. In presence of poles, the further development and extension of the house of the Respondent has been adversely affected. It has been alleged that a notice dated 7.9.1993 was issued to the Appellants, but to no avail. The Respondent ultimately filed the suit

(3.) THE Respondent filed the replication and reiterated the stand taken in the plaint while contesting the case projected by the Appellants. On the pleadings of the parties, the following issues were framed: