SHEODAYAL BHARATIA Vs. DALURAM AGARWALLA

JUDGEMENT

(1.) This appeal by the defendant arises out of a suit for declaration that the defendant has no right to take electric connection in the premises described in Schedule B of the plaint, which had been let out to him, or to fix meter and wire in the walls of the premises described in Schedule A which are in khas possession of the plaintiff, (or directing the defendant to remove the electric connections and for damages amounting to Rs. 229/- at the rate of four annas per day from the 24th December, 1958 to the 28th June, 1961

(2.) The admitted facts are that the plaintiff owns a three storeyed house, bearing holding No. 71, in Jugselai Chauk Bazar, and that the defendant has been inducted as a monthly tenant in respect of a portion of the premises on the first floor described in Schedule B of the plaint. It is also admitted by the parties that there was no electric connection in the portion let out to the defendant at the time when the tenancy was created, and that the defendant has, after creation of the tenancy, taken electric connection in the portion under his occupation.

(3.) The learned Munsif, who tried the suit, has stated, while dealing with issue No. 4, that the plaintiff's lawyer pressed for a decree for damages but not for the declaration sought by the plaintiff. On a further consideration of the evidence, he refused to pass a decree in favour of the plaintiff for the declarations sought by him but passed a decree for Rs. 25/- as damages for fixing pegs in the walls of the plaintiff and making a hole in the roof. An appeal against Ihe decree passed by the Munsif was placed for disposal before the Subordinate Judge of Jamshedpur. He allowed the appeal and decreed the suit in full, giving the declarations which the plaintiff asked for as well as giving a deeree for the entire amount of Rs. 229/- as damages.