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1999 Supreme(HP) 51

D.RAJU
THE EXECUTIVE ENGINEER, TOWER LINE SURVEY CONSTRUCTION DIVISION, PUNJAB – Appellant
Versus
VIDYA DEVI – Respondent


Advocates Appeared:
Mr. Trilok Chauhan, Advocate, for the Appellants; Mr. Ramakant Sharma, Advocate, for the Respondent No. 1.

JUDGMENT

D. RAJU, C. J.—The above second appeal has been filed by the defendants in Civil Suit No. 185 of 1980 on the file of the learned Subordinate Judge, 1st Class, Hamirpur, who lost before both the Courts below against the judgment and decree passed by the learned District Judge, Hamirpur, dated 10.6.1992 in Civil Appeal No. 140 of 1986, whereunder the learned First Appellate Judge, while dismissing the appeal filed by the appellants has confirmed the judgment and decree passed by the learned trial Judge decreeing the suit, which was originally filed for the relief of permanent injunction restraining the defendants from stretching electrical tower line over the house of the plaintiff, but later got amended seeking for the relief of mandatory injunction to have the high-tension electrical wires passing over the suit property removed within a time to be stipulated by the Court.

2. The case of the plaintiff is that she is the owner in possession of house situated in Khata No. 22 min, Khatauni No. 24 min, Khasra No. 104, of an area of 15 Kanals as recorded in the Jamabandi for the year 1979-80, situated in village Ben, Tappa Nounghi, Tehsil and District Hamirpur, and that the defen










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