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1998 Supreme(Mad) 1739

K.P.SIVASUBRAMANIAM
S. M. AMARCHAND SOWCAR – Appellant
Versus
TAMIL NADU ELECTRICITY BOARD – Respondent


For the Appearing Parties:A. Muthu Kumar, K. Venkatasubramaniam, V. Rengapashyam, Advocates.

Judgment :-

K.P. SIVASUBRAMANIAM, J.

( 1 ) THIS second appeal is directed as against the judgment and decree of the learned Subordinate Judge of Kancheepuram on 27. 2. 1986 in A. S. No. 1 of 1984, confirming the judgment and decree passed by the learned District Munsif at kancheepuram on 5. 5. 1983 in O. S. No. 807 of 1981.

( 2 ) THE plaintiff in the suit is the appellant in the present second appeal.

( 3 ) THE suit is filed for declaration that the demand made by the defendants for Rs. 2,500. 95 in their letters dated 23. 7. 1981 and 15. 8. 1981 are illegal and ultra vires and for a consequential injunction restraining the defendants from disconnecting the plaintiffs service connection No. 249. According to the plaintiff he is the owner of the premises No. 254a, raja Street, Wallajabad and he purchased it from one Deivasigamani Achari by a registered sale deed dated 24. 6. 1967 and ever since then he is in possession and enjoyment of the property as the owner. The vendor was having an electric service connection in S. C. 696, in the said house for his machine and after he sold the house, he vacated the house and also removed the machinery. Thereafter the plaintiff is in possessio


























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