C.R.No.5261 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5261 of 2009. Decided on: December 17, 2009. Manohar Lal .. Petitioner VERSUS Dakshin Haryana Bijli Vitran Nigam Ltd., through its Chairman and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.Sudhanshu Makkar, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) The plaintiff has filed this revision petition against the order dated 10.08.2008, passed by the learned appellate Court reversing the order dated 07.01.2009, passed by Civil Judge (Jr.Divn.), Siwani. The trial Court while considering the application for interim injunction filed by the plaintiff-petitioner had ordered that the electric connection should be released to the petitioner within 15 days upon filing of the necessary documents for getting new electric . . . 1 C.R.No.5261 of 2009 connection whereas the learned appellate Court has held that the connection can be released in favour of the plaintiff-appellant only if the plaintiff deposited the previous arrears within two months. It is admitted fact that the plaintiff-petitioner has purchased the house in open auction on 08.02.2006 for a sum of Rs.6,35,000/- being the highest bidder as the previous owner Ashok Kumar was not able to repay the loan of decree holder Punjab and Sind Bank. The electricity Board claims that the arrears of Rs.16 lacs were to be paid by the previous owner Ashok Kumar, as such, the electric connection cannot be released in favour of the plaintiff in the residential premises which has been purchased by the plaintiff-petitioner. The short question which is required to be determined in the main suit would be whether the petitioner is liable to discharge the liabilities of the original owner after having purchased the property in open auction from Punjab and Sind Bank. Sale Certificate (Annexure P-1) has been placed on record which indicates that while issuing that Certificate on 08.02.2008, the authorised Officer of Punjab and Sind Bank had specifically declared that the property was free from all encumbrances. Whether the liability of Rs.16 lacs can be imposed upon the auction purchaser whereas he has purchased the property free from encumbrances for Rs.6,35,000/-. Rights of the defendant electricity Board to recover the consumption charges or penalty etc., in accordance with the procedure of law is not a debatable point but whether the said amount has to be recovered from the petitioner or the previous owner . . . 2 C.R.No.5261 of 2009 or from vendor who had sold the property to the plaintiff has to be determined on the basis of the evidence produced before the Court. Plaintiff has, prima facie, got a right to enjoy the basic amenities like electric supply and water supply in a residential building. The said basic amenities cannot be denied to the plaintiff in case he is ready to pay the consumption charges besides the other requisite statutory fee. In case the basic amenities i.e. electricity is denied to the plaintiff-petitioner, he will certainly suffer an irreparable loss. The balance of convenience lies in favour of the plaintiff. The order passed by the lower appellate Court reversing the order of the Civil Judge (Jr.Divn.), is hereby set aside and it is ordered that the defendants-respondents will release the electric connection preferrably within a period of one month, in case the plaintiff- petitioner submits all the necessary documents for getting a new electric connection. This order is subject to the final decision of the civil suit. It is made clear that interim order passed will not prejudice the rights of the defendants-respondents to recover the arrears of the electricity consumed by the previous owner in accordance with law even during the pendency of the civil suit filed by the plaintiff. With above clarifications, this revision petition is allowed. (M.M.S.BEDI) JUDGE December 17, 2009. rka . . . 3