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1994 Supreme(All) 679

N.L.GANGULY
U P STATE ELECTRICITY BOARD – Appellant
Versus
IIAM CHAND – Respondent


Advocates Appeared:
G.C.BHATTACHARYA, H.P.Gupta,

N. L. GANGULY, J.

This Second Appeal by the U. P. State Electricity Board is directed against the concurrent judgment of the courts below decreeing the plaintiffs suit for mandatory injunction against the appellant.

2. Plaintiff-respondent owns field No. 3300 and 3308 Mauja Lishar, is the bhumidhar of the said plots wherein numerous trees were standing. Respondent Nain Singh was the defendant in the original suit was tenant of plot No. 2381. He wanted to have electricity connection for the tub-well in his plot. Nain Singh applied for electricity connection from the U. P. State Electricity Board. The defendant wanted to

take their electricity lines across the fields of the plaintiff, as well as fix electricity polls thereon. The plaintiff pleaded that the defendants have no right to take electricity wire across his fields. A temporary injunction was granted by the trial court restraining the appellant and Nain Singh, respondent laying any electricity line over the plaintiffs field. Nain Singh, defendant-respondent filed a Misc. Appeal before the appellate court and the operation of the interim injunction was suspended. In the meantime, the Electricity Board passed the electricity li



































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