PREM PRAKASH, J. :- This special appeal arises from the decision of a learned single Judge of this Court in Writ Petition No. 1026 of 1969, brought by Smt. Lakshmi Devi Sehgal (hereinafter referred to as the consumer) against the U. P. State Electricity Board (to be described hereinafter as the Board), directing it by a writ in the nature of mandamus to replace at its cost, the stolen transformer, cost of which the Board by its order dated 24-10-69 had directed the consumer to deposit, to maintain and continue the supply of electricity. in terms of the agreement between the Board and the consumer, as amended by the Boards memorandum dated 12-12-1968 adding to the conditions of supply, a fresh condition No. 23 (a) providing:

If in any case the transformer in rural area outside the premises of a consumer from which he is receiving supply is stolen then the consumer will have to bear the cost of its replacement, If however, there are more than one consumer then cost will be shared in proportion to the H.P. contracted by each."

The fresh condition was added to the agreement, because Condition No.10 (1) of the Agreement stipulates that the consumer shall

"abide by the Electricity