DARSHAN SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 10.9.1999 passed by the Court of District Judge, Hoshiarpur, who, allowed the appeal of the plaintiff-respondents, under Order 43 Rule 1 C.P.C. by setting aside the order dated 5.5.1999, passed by the Court of Civil Judge (Junior Division), Dasuya, who, had dismissed the application of the plaintiff-respondents under Order 39 Rules 1 and 2 C.P.C.

(2.) THE facts in this case are not much in dispute. S/Shri Raghbir Singh and Chhajju Ram, filed a suit for declaration to the effect that plaintiff No. 1, Raghubir Singh, is entitled to 1/3rd share as owner and Chajju Ram, plaintiff No. 2, is entitled to 1/4th share in the electric motor of 3 H.P. and Tubwell kotha of connection No. T/3-88, situated in village Mehtabpur, Tehsil Mukerian and they are entitled to irrigate the land of Chhajju Ram plaintiff No. 1 measuring 6 kanals 1 marlas, Khewat No. 889, Khatauni No. 1054, Khasra Nos. 106/17/2(3-1), 24/2(3-0) and land of plaintiff No. 2 Shri Raghubir Singh measuring 20 Kanals 1 Marla Khewat No. 189, Khatauni No. 208 Khasra No. 107//22/2(6-16), Khewat No. 522, Khatauni No. 643, Khasra Nos. 107//1717(4-6), 24(2-0), 18/1(6-19), situated in village Mehtabpur Tehsil Mukerian, through this tubewell and the plaintiffs also sought a permanent injunction restraining the defendants No. 1 and 2 namely Shri Narain Singh and Shri Darshan Singh from causing any obstruction in the irrigation of their land through the aforesaid tubewell. Plaintiffs further prayed that directions be given to the SDO, Punjab State Electricity Board, Bhangala Tehsil Mukerian, i.e. defendant No. 3, not to transfer the electric connection in favour of Darshan Singh, defendant No. 2, who, is the present petitioner.

(3.) THE case set up by the plaintiffs in the trial Court was that they purchased the land measuring 20 kanals and 1 marla from the previous owner Shri Narain Singh and since 1990/1992 they had been irrigating their land through the tubewell installed in Khasra No. 106/25 which has been purchased by the defendants No. 2 and with this purchase dated 8.1.1999 their rights of irrigation cannot be defeated.