Bhandari, J.

1. The, only point for decision in the present case is whether the plaintiffs are entitled to recover from the defendant-company a sum of Rs. 7,897/6/- which was paid by them under protest in respect of electric current alleged to have been consumed by them.

2. On the 10-3-1941 the Jullundur Electric Supply Company, Limited, Jullundur, (hereinafter referred to as the Company) entered into an agreement with Messrs. Amin Chand-Bhola Nath, Merchants, Jullundur, (hereinafter referred to as the plaintiffs) for the supply of electrical energy to their premises situate on the Tanda Road at Jullundur. The principal terms of the agreement were: (1). The Company shall furnish to the consumer a constant supply of electrical energy on and from the date on which "the premises shall be connected with the Companys distributing mains". (2) The Company shall draw the high tension and erect a new sub-station in the premises of the consumer. (3) The consumer guaranteed a minimum consumption of 1,60,000 units in two years and the Company agreed in that case to charge the plaintiffs at the rate of Re. -/1/3 per unit for all energy consumed on the new connection. (4) In case the pla