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2017 Supreme(P&H) 1829

RAMESHWAR SINGH MALIK
Punjab State Power Corporation Pvt. Ltd. – Appellant
Versus
Kewal Singh – Respondent


Advocates:
For the Appellant:Ms. J.K. Gurna, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J.: (Oral) - Feeling aggrieved against the concurrent findings of facts recorded by both the learned courts below, whereby the suit for mandatory injunction filed by the plaintiff-respondent was decreed, directing the defendant to remove the poles of 66 KV electricity line, as it was blocking the passage, defendant No.1 has approached this Court, by way of instant regular second appeal.

2. Brief facts of the case, as noticed by the learned first appellate court in para 4 of its impugned judgment, are that plaintiff was owner of land measuring 5 Acres (approximately) being co-sharers in the land comprised in khasra nos.112//12/1, 11/1,/11/2,113//14, 112//19/2, 20,113//13, 16/1, 16/2, 17, 113//16/3 situated at village Kartarpur, District Jalandhar. The defendants installed electricity poles of 66 KV electricity line illegally in the rasta mark AB (shown red in the site plant) leading to the land of the plaintiff and other co-sharers which was 2 Karams in width whereas the law did not permit the defendants to install the electricity poles in between the Rasta leading to the lands of farmers. The rasta marked AB has been fully shown in the Aksh Shajra

















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