BERI (Ag.) C.J.—This is a plaintiffs appeal whose suit for the recovery of unpaid electricity charges was dismissed by the learned Senior Civil Judge, Udaipur, by his judgment dated October 14, 1959.

The circumstances which it is necessary to notice for the disposal of this appeal succinctly stated are these: Maharana Bhupal Electric Supply Go. Ltd., Udaipur (hereinafter called "the Company") was licensee under the Indian Electricity Act, 1910. It was to provide electrical energy in the town of Udaipur. The Company was charging annas six per unit of electricity for domestic purpose from its consumers. It is said that it was running in losses and therefore with effect from February 1, 1951 it increased the rate to annas eight per unit of electricity for domestic use. It justified this increase on the ground that the licence dated 31st, December, 1948, clause (8) entitled it to make this increase. The increase in the rate was resented to by consumers and they desired to get its justification examined. The plaintiff continued charging this rate upto July 1951. By that date the Indian Electricity Supply Act, 1948 (Act 54 of 1948) (hereinafter called the "Supply Act") had come into force

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