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R. C. MITTER
Saila Bala Roy and on her death Malti Rose – Appellant
Versus
Chairman, Darjeeling Municipality – Respondent
JUDGMENT
R.C. Mitter, J. - This rule, which has been obtained by the defendant, relates to the claim of the opposite party to minimum charges for the supply of electric energy. Dr. D.N. Roy was the owner of a house within the limits of the Darjeeling Municipality known as the "Roy Cot." The said Municipality obtained a license in the year 1913 from the Local Government for the supply of electric energy in Darjeeling. It constructed a plant and began supplying electric energy. Dr. Roy applied about fifteen years ago for the supply of electric energy to his premises and he was required to enter into a written contract before he was allowed the supply. This written contract must have been entered into in pursuance of 01. 6 of the schedule annexed to the Indian Electricity Act of 1910. At the time when the contract was entered between Dr. Roy and the Municipality, there was no clause in the said schedule which, subject to such additions and modification as may be made by the Local Government, was incorporated in every license by the provisions of Clause (f), Section 3 of the said Act. In the year 1922 the Act was amended and a Clause 11-A, was added to the schedule. The clause is in the
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