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1950 Supreme(Bom) 120

G.S.RAJADHYAKSHA, D.V.VYAS
Manilal Gangaram Sindore – Appellant
Versus
Nasik-Deolali Electric Supply Co. Ltd – Respondent


Judgment

Vyas, J.

(1) These second appeals arise out of the appellate decision of the District Judge, Nasik, dismissing Suits Nos. 418 and 420 of 1949 which were filed in the Court of the Civil Judge, Senior Division, Nasik. In Suit No. 418 the plaintiff is one Rao Saheb Manilal Gangaram Shindore who owns an old house bearing Municipal No. 3200 in Kazipura locality and has built a new bungalow bearing C. T. S. No. 617/1-A on the Agra Road. In the other suit (No. 420) the plaintiff is Mahadeo Deoman Kalal who owns an old house bearing Municipal No. 2719/1 in Kazipura locality and has built a new house bearing No. 617/B-2 on the Agra Road. After building the new houses, the plaintiffs in both suits wrote letters (exhibits 20 and 52) on July 19, 1949, to the manager of the defendant company, the Nasik-Deolali Electric Supply Co., Ltd., requesting him to transfer their electrical connections from their old houses to their new buildings situated on the Agra Road. They mentioned in their applications that they were ready and willing to give the necessary charges for the transfer of the service connections. By their letter exhibit 53 dated August 1, 1949, the defendant company wrote to the








































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