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NIDHI GUPTA
Sultan Singh – Appellant
Versus
Subhash – Respondent
| Table of Content |
|---|
| 1. overview of ownership dispute and key events (Para 1 , 2) |
| 2. claim and history of electricity connection (Para 3 , 4) |
| 3. arguments presented by both parties (Para 6 , 8) |
| 4. court's analysis of ownership and evidence (Para 10 , 11 , 12 , 13) |
| 5. electricity as a basic amenity; order effect (Para 14 , 15) |
| 6. decision to set aside previous orders (Para 16) |
JUDGMENT
Nidhi Gupta, J.
Present revision petition has been filed by the Defendant-Petitioner seeking setting aside of order dated 3.7.2018/Annexure P-4 and order dated 02.08.2018/Annexure P-6, whereby on an application filed by the respondent No.1- plaintiff under Order 39 Rules 1 and 2 CPC for interim injunction, direction has been issued to respondent no.2 herein, to remove the electricity meter from the demised premises.
2. Briefly stated the facts are that the respondent No. 1-plaintiff filed a suit for permanent injunction against the petitioner-defendant. The respondent No. 1 and the petitioner are real brothers. Respondent No. 1 claimed ownership over the suit property on the basis of sale deed dated 03.07.1984. Brief sequence of events is as follows:
| 03.07.1984 | Nar Singh father of petitioner and respo |
The right to an electricity connection cannot be asserted without proof of ownership and clearance of dues, and the tenant's rights do not override the landlord's obligations.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
The main legal point established is that electricity is a basic necessity and integral to the right to life, and as long as a person is in possession of a property, they cannot be deprived of electri....
Electricity as an essential service cannot be denied. Occupants are entitled to connections, reflecting the Supreme Court's emphasis on basic amenities under the Electricity Act.
A party must demonstrate lawful ownership or possession to obtain electricity connections; pending civil disputes cannot be overlooked by administrative authorities in granting such connections.
Electricity Connection - Duty of licensee to supply on request - It is duty of distribution licensee to provide connection to every eligible applicant by taking necessary steps for which respondents ....
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