- (1.) The trail court by its judgment and decree dated April 23, 1971 passed a decree against the Defendant-Appellant in these terms. The suit is decreed with costs. The Defendants are restrained from spreading electric line over or under any part of the Plaintiff's Khasra No. 245 measuring 35 Bigha 17 Biswa 11 Biswansi of village Nala without the permission of the Plaintiff.
(2.) The said decree was affirmed by the first court of appeal. The U.P. State Electricity Board, Defendant-Appellant, has appealed to this Court under Section 100 of the Code of Civil Procedure.
(3.) The case of the Plaintiffs-Respondents, shortly stated, was that they were Bhumidhars of Khasra Plot No. 245 and west of the said plot is the field of Defendant-Respondent No. 5 who had applied to the Appellant for electric connection to run a tube-well in his field. The Appellant has allowed the said application and was laying an electric line from the tube-well of the Plaintiffs-Respondents and was intending to fix poles in their plot No. 245 for the said purpose. It was contended that the action of the Defendant-Appellant in erecting a supply line over the field of the Plaintiffs-Respondents was illegal and unwarranted and was likely to cause damage to the Plaintiffs-Respondents. The suit was contested by the Appellant Board. It was contended on its behalf that under a Notification published in U.P. Government Gazette dated January 9, 1971, in the exercise of the powers conferred on the State Government under Section 51 of the Indian Electricity Act, the Board was entitled to erect a supply line through the plot of the Plaintiffs Respondents.;