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

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