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2004 Supreme(Mad) 589

M.CHOCKALINGAM
A. S. P. Ammayappan – Appellant
Versus
Tamil Nadu Electricity Board rep. by its Superintending Engineer – Respondent


Advocates Appeared:
For the Appellant:S. Subbiah, Advocate.
For the Respondents:Rajeswaran, Advocate.

Judgment :-

1. What is challenged herein is the judgment of the learned Subordinate Judge, Srivilliputhur, made in A.S. No. 85/90 wherein the judgment of the trial Court granting a decree in favour of the appellant/plaintiff was reversed.

2. The following facts are noticed in the pleadings of the parties:

The plaintiff filed the suit for declaration that the notice of the Electricity Board was illegal and for consequential permanent injunction alleging that he was running a theatre in the suit property; that the Electricity Board had given electricity service connection to his theatre under No. SC 205; that a meter was fixed in that regard; that he has got a generator also; that whenever there was power cut, the generator will be used by him; that the meter was found defective during February 1983; that the same was removed; that from February 1983 to 5.8.1983, the charges were collected from him by adopting average unit system namely 626 units per month; that during the said period there were frequent power cut; that the Electricity Board was insisting the payment of Rs. 315.70 for January 1983 and Rs. 194.20 for the period from December 1981 to August 1982 on the ground that there














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