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2023 Supreme(P&H) 1448

ARUN MONGA
Prem Singh – Appellant
Versus
UHBVNL – Respondent


Advocates appeared:
For the Parties : Mr. Madhur Panwar, Mr. Aman Pal, Mr. Randhir Bawa, Mr. R.D. Bawa, Mr. Dipanshu Kapur

Judgment

Mr. Arun Monga, J.

For convenience, parties herein are described as per recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, plaintiffs are in second appeal before this Court assailing learned trial Court judgment and decree dated 26.03.2013, as upheld by learned First Appellate Court vide its judgment and decree dated 01.12.2014.

3. Briefly stated, facts as noticed by Courts below are as under:-

“Briefly stated, appellants/plaintiffs instituted a suit for declaration and mandatory injunction on the averments that son, namely, Kuldeep of the plaintiffs was born on 02.09.1981 and was running a shop of repairing of agricultural implements and other business at main road, Mohana Bus Stop and was earning Rs.10,000/- per month from the above business. It is further averred that there is a transformer installed by defendant No.1/department in village Salarpur Majra and usually, this transformer is operated by the villagers itself, on the instructions of the employees of defendant No.1/department as none of the employees

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