CHAMPA LAL Vs. AJMER VIDHYUT VITARAN NIGAM LTD.

JUDGEMENT

(1.) THIS second appeal has been filed on behalf of the plaintiff -appellant u/S.100 CPC against the judgment & decree dated 19/02/2010 passed by Additional District Judge (Fast Track) No. 2, Beawar District Ajmer whereby, it has allowed Civil Appeal No. 18/2009 filed by the defendant -respondents and set -aside the judgment & decree dated 20/03/2004 passed by Additional Civil Judge (Junior Division) No. 2, Beawar decreeing the suit in favour of the plaintiff -appellant for permanent injunction and declaration.

(2.) THE facts giving rise to the filing of this appeal in brief are that plaintiff -appellant filed a civil suit for declaration and permanent injunction on the ground that he is khatedar of the land bearing Khasra No. 18 situated at Village Chavni Nayanagar in which, a Well is also situated. He installed an electricity pumping set and took an electricity connection for agricultural purposes from the defendant -respondents bearing Account No. 1131 -1515 -0079. It is further pleaded that the plaintiff took the electricity connection on 25/06/1996. He demanded for the agricultural purpose but he has been allowed the electricity connection in the category of Agricultural Nursery. It was decided by the electricity department on 22/06/1998 that the electricity connection, which was given in the category of Agricultural Nursery shall be converted into Flat Rate Agricultural Category after completion of two years from the date of issuance of electricity connection and from the next billing month the electricity charges will be charged at flat rate general category according to the horse power. Plaintiff's electricity connection was installed on 25/06/1996 and after completion of two years, it was converted into the electricity connection of flat rate and meter has been removed by the defendants. Thereafter, the department again has tried to convert the category and they are charging the electricity expenditure other than the flat rate hence, therefore, an injunction has also been prayed claiming Rs. 1140/ - to be refunded to him, which was decreed by both the courts below. The court below has restrained the defendants to convert the category of electricity connection, which was reversed in first appeal. Hence, this second appeal.

(3.) CONTENTION of the learned counsel for the appellant is that findings on Issues No. 3 and 4 of the appellate court are against the pleading and evidence. There is no evidence that electricity connection of the appellant is situated at urban area. Only reliance has been placed on a report, which was never a part of the record. In fact, the plaintiff's electricity connection is situated at the rural area and the trial court has rightly allowed the relief to him.