B. K. SOMASEKHARA, J.

( 1 ) THE judgment and decree of the learned Additional Sub-Judge, Srikakulam passed in A. S. No. 9 of 1986 dated 8-2-1988 are in challenge in this appeal. Learned Additional Sub-judge allowed the appeal filed against the judgment and decree passed by the learned principal District Munsiff, Srikakulam dated 6-5-1985 dismissing the suit. The respondent The Andhra Pradesh State electricity Board in mis appeal is the plaintiff. The suit was filed for recovery of Rs. 4,877-80 towards arrears for the period from 1976 to August, 1979 with interest and for costs of the suit. The plaintiff challenged the decision of the trial court in the appeal which came to be allowed as above.

( 2 ) THE suit was based on an agreement between the plaintiff and the defendant in regard to the supply of current or electrical energy to the pump set and it is dated 27-1-1970. The original stipulation in the agreement was for the load of 5 H. P. , but later it was changed to 10 H. P. , under the proceeding no. 869/70 dated 13-8-1970 by the Divisional Electrical Engineer, Operation, srikakulam of the respondent. It was alleged that a special minimum of guarantee of Rs. 360-00 at the rate of

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