S.N. BHARGAVA, J.—This is defendants first appeal against the judgment and decree passed by Additional District Judge, Alwar, decreeing the suit of the plaintiff-respondent and restrain the defendant by a permanent injunction from recovering an amount of Rs. 41,942,54 from the plaintiff.

2. According to the allegations in the plaint, the plaintiff used to run an oil mill in Alwar by Diesel oil but since it was expensive, the plaintiff wanted to run the oil mill with the help of electrical energy and therefore, he applied for electric connection of 200 Horse Power (in short H.P.), on 30th July, 1960 After several request and reminders, the defendant orally assured the plaintiff that a connection of 170 H.P. will be given to him and the plaintiff was asked to purchase the electric motors. In pursuance of the oral assurance given by the defendant, the plaintiff purchased the electric motors for 140 H.P. in April, 1951 vide Ex. 12 and Ex. 13 and got fitted electric motor of 120 HP. The plaintiff informed the defendant vide letter dated 27.7.1961 (Ex. 14) that he had been sanctioned 170 HP electric connection and he had already fitted electric motor for 120 HP but the connection was not being released. Thereupon, the defendant obtained in writing from the plaintiff on 2.8.1961 (Ex. 3) and released electric connection of 120 H.P. It will be Profitable to reproduce paragraphs 5 and 6 of Ex. 3, which will be necessary for further discussions:-

"5. I agree to take the H.T. supply whenever available for industrial purpose and shall execute such agreement in that behalf as may be approved by you failure whereof on my part shall entitle you to disconnect me"

6. "I agree to guarantee the yearly minimum revenue of Rs. 51,738.77 (Rupees fifty one thousand seven hundred thirty eight and seventy seven naya paisa) from this connection based upon 40% load factor and 90% contract demand which is given as 140 HP at the prevailing rate of 2/2 annas per unit for supply to consumers, having 25 BHP and above for their installation."

3. By this document (Ex. 3), the plaintiff agreed to guarantee the yearly minimum revenue of Rs. 51,738.77 from this connection and since the connection was released of only 120 HP, the plaintiff could not get his another electric motor of 20 HP fitted. The plaintiff also deposited a sum of Rs. 3,400/- on account of security. The defendant vide his letter dated 30th November, 1961 (Ex, 1) asked the plaintiff to furnish an additional security for a sum of Rs. 850/-, as the total security for 170 HP came to Rs. 4,250/- at the rate of Rs. 25/ per H.P. In pursuance of this, the plaintiff furnished additional security for Rs. 850/- vide Ex 2. The defendant vide letter dated 28 2.1962 (Ex. 15) informed the plaintiff that the supply of electrical energy will be restricted during peak load hours from 6 PM to 10 PM and further that if any consumer was found running the motors during restricted hours, his connection shall be liable for disconnection without any notice So the plaintiff could not run his motors during the restricted hours on and from 1st March, 1962, On 13. 9 1961, the defendant sent the first bill of consumption charges amounting to Rs. 5,608.02 for ccnsumpiion of 11. 960 units which was objected to by the plaintiff vide his Ietter dated 20.10. 1961 (Ex. 4), stating therein that the actual consumption charges only came to Rs 1, 865. 75 and further requesting that the bill may be corrected The defendant corrected the bill and the plaintiff deposited the amount of Rs. 1865.75, the actual consumption charges. Thereafter, the plaintiff continuned to deposit the electric bills according to actual consumption. However, after one year, the defendant vide its letter dated 28 9. 1962 (Ex.5) informed the plaintiff that as per agreement (Ex. 3) the plaintiff had promised to pay minimum revenue of Rs. 51,738. 77 yearly but the total amount of revenue accrued upto August, 1962 was Rs. 34,606.25. The plaintiff was asked to pay the dif

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