SURJIT SINGH Vs. MOHANJIT SINGH AND ORS

JUDGEMENT

(1.) This is revision petition by defendant No. 1 Surjit Singh under Article 227 of the Constitution of India assailing order dated 29.1.2009 passed by learned Additional Civil Judge (Senior Division), Mansa thereby disposing of application under Order 39 Rules 1 and 2 read with Section 151 of Code of Civil Procedure moved by plaintiff respondent No. 1 Mohanjit Singh and also assailing judgment dated 10.8.2009 passed by learned Additional District Judge, Mansa thereby dismissing petitioner's appeal against order of the trial court.

(2.) Plaintiff and defendant No. 1 are brothers. The plaintiff alleged that plaintiff and defendant not. 1 and other persons were co-sharer and in possession of land measuring 8 kanals comprised of khasra No. 149//2 but in a family partition, the suit land fell to the share of the plaintiff along with electricity motor connection No. AP-231 existing therein and since then the plaintiff is exclusive owner in possession thereof. Writing dated 2.7.1997 regarding family partition was executed. Defendant No. 1 is party to the said writing. Defendant No. 1 has now no concern with the electricity motor connection but defendant No. 1 in connivance with officials of Electricity Board (defendant Nos. 2 and 3) wanted to shift the said connection to some other place. The plaintiff, therefore, sought permanent injunction and also moved application for temporary injunction restraining the defendants from shifting the aforesaid electricity motor connection to some other place during the pendency of the suit.

(3.) Defendant No. 1, inter alia, pleaded that he is owner in possession of the electricity connection in question which stands in his name. Accordingly, defendant No. 1 is liable to pay electricity consumption charges thereof and may also be implicated in some case of electricity theft. Defendant No. 1 has controverted the allegations of the plaintiff. Defendants No. 2 and 3 also pleaded that electricity connection stands in the name of defendant No. 1.