UNION OF INDIA AND ANOTHER Vs. ER. DEEP CHAND MEHTA

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 31.8.2005 rendered by the District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Appeal No. 13 of 2005.

(2.) "Key facts" necessary for the adjudication of this appeal are that appellants-plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) filed a suit for recovery of Rs. 94,939.00 against the respondent-defendants (hereinafter referred to as the "defendants" for convenience). According to the averments made in the plaint, telephone connection bearing No. 34160 was provided to the defendants at their request at Rampur Bushahr. Defendants availed and used the telephone facility. However, they did not pay the telephone bills for the period from Nov., 1995 to May, 1997 amounting to Rs. 94,939.00. Necessary bills were issued but the same were not paid by the defendants.

(3.) Suit was contested by defendant No.1. According to the stand taken by defendant No.1, the business was closed well before Nov., 1995. The company sent letter dated 24.8.1995 through U.P.C. and registered letters dated 27.2.1995 and 16.11.1995 to the officials of plaintiffs at Rampur Bushahr whereby it was intimated to disconnect their telephone connection. However, no action was taken by the officials of the plaintiffs. Defendant No.2 has also filed written statement. According to him, he was simply in the employment of defendant No.1 from Oct., 1993 to March, 1995. Telephone was never installed by him.