Shishir Kumar, J. - (1.) THIS is a Plaintiffs second appeal arising out of suit for permanent injunction restraining Defendants from interfering in realizing an amount of Rs. 13,495.41 p.
(2.) IT was stated in the plaint that he is the owner of the house No. A -32/72 Chitrapura Varanasi having domestic connection No. 613261. He has taken one horse power connection for running power loom. The supply was not proper, therefore, Plaintiff -Appellant has requested to disconnect the connection. It was disconnected on 4.9.1984 but Respondent -Corporation forcibly wanted to realize the amount mentioned above. Trial Court on the basis of pleading, framed various issues and ultimately suit has been dismissed vide its judgment and order dated 12.11.2009. Appeal filed by Plaintiff -Appellant has also been dismissed. Appellant has submitted before the Court that Courts below have wrongly considered the record and evidence. If permanent disconnection bill of Rs. 2,134.11p has been paid then there will be a presumption that all amounts have been paid. Findings recorded by Courts below dismissing the suit and appeal is based on no evidence.
(3.) SRI H.P. Dubey, learned Counsel appearing for Respondents has raised an objection regarding maintainability of the suit and appeal and has submitted that suit itself was not maintainable. This being a question of jurisdiction can be raised in the present appeal and he has placed reliance upon a judgment of the Apex Court reported in, JT 1997 (5) 182, Punjab State Electricity Board and Anr. v. Ashwani Kumar.;