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HARISH TANDON, PRASENJIT BISWAS
Station Manager, Belda Customer Care Centre – Appellant
Versus
Gayaprasad Ghorai – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The instant Second Appeal is filed by the defendant-appellant assailing the findings made by the Trial Court as well as the appellate Court on this score that both the Court below have misconstrued and misinterpreted the various provisions of the Indian ELECTRICITY ACT and the TELEGRAPH ACT wherein the power is conferred upon the authority to fix a poll and the transformer while undertaking an electrification of the locality on the consent of the owners/occupiers of the said property. It is an undisputed fact that the electrification programme was undertaken at Mouza Sangonua under the supervision of Assistant Engineer, Belda, Rural Electrification Camp Office, West Bengal State Electricity Development Corporation Ltd. Admittedly the electrification is completed and it is not in dispute that several polls as well as the transformers are affixed on the LR Plot no. 299.
2. The plaintiff-respondent filed a suit claiming an ownership in respect of 51 decimal Bastu land comprised in LR Plot no. 70 at Mouza Sangonua which they acquired by way of inheritance and their names are also recorded in the Record of Rights. Apart from the same there is a 24 decimal
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