Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit seeking declaration to the effect that plaintiff had cleared all his outstanding arrears to the defendant/ electricity company and nothing was due from him anymore---Suit was decreed concurrently---Validity---Perusal of record revealed that single phase meter used for residential purpose could not consume so much units in one month as was shown by the defendant in the plaintiff's bill for a certain month---Possibility of changing or tampering with meter on part of plaintiff could not be inferred as meter was installed outside the home of the plaintiff at a distance---Defendant electricity company also kept mum about the meter of the plaintiff that had become untraced---No illegality having been found in orders of courts below---Revision was dismissed. Hafiz Muhammad Fateh Nasib v. Sir Swarup Chand Hukum Chand, A Firm and another PLD 1947 Privy Council 239; Haji Ghulam Rasool and another v. The Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376; Faqir Dost Ali v. Chief Administrator Auqaf and others NLR 1978 Civil Lahore 1123 distinguished. JUDGMENT MRS. IRSHAD QAISER, J.---Petitioners through the instant revision petition have impugned the judgment and decree dated 20-6-2012 of the learned Additional District Judge-VII, Peshawar, whereby she dismissed the appeal filed by them and maintained the judgment and decree dated 15-11-2011 of the learned Civil Judge-XXVI, Peshawar. 2. Brief facts of the case are that plaintiff/respondent brought a suit for declaration against the petitioners in the Court of the learned Civil Judge, Peshawar, alleging therein that he being a consumer has paid all the electricity bills till February, 2005 to the petitioners and no outstanding remained against him in the shape of arrears. He further alleged that issuance of the bill by the petitioners for the month of March, 2005 showing the units consumed as 14993-51 amount of Rs.90688.51 as arrears being totally wrong, illegal and unlawful upon the rights of the respondent. The suit after contested was decreed by the learned trial Court, vide judgment and decree dated 15-11-2011 and the appeal thereagainst was dismissed by the…

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