GABDU RAM Vs. H S E B

JUDGEMENT

(1.) Whether the arrears for electricity charges due from one consumer can be recovered from any one of his co-sharers? This indeed is the only question in this appeal.

(2.) The salient facts which emerge is that one Shri Ram Ji Lal had an electricity connection for his tube-well bearing account No. RAG-188. The Appellant subsequently during December, 1989 obtained an entirely separate electric connection for the motor installed in the said tube-well bearing account No. RAG-373. To his surprise, in July, 1991 an amount of Rs.9731.60 was added to his bill for recovery. Aggrieved thereby, he protested to the department but getting no relief from them, ultimately knocked at the doors of District Forum, Gurgaon.

(3.) On notice being issued, the respondent-Board took up the plea that earlier at the said tube-well, Shri Ramji Lal had an electric connection bearing No. RAG-188. The land on the said well was allegedly owned jointly by Ram Lal, Ganpat Lal, Gabdu Ram etc. It was the plea that Shri Ramji Lal did not pay the electricity consumption charges and ultimately his power was disconnected and his arrears continued. Therefore the appellant Shri Gabdu Ram had obtained a separate electric connection on the same well and on that premise the right to recover the arrears of Ramji Lal from him was claimed.