SARABJIT KAUR Vs. KAMALJIT SINGH

JUDGEMENT

(1.) For convenience, parties herein are described as per recitals before the trial Court.

(2.) Having suffered concurrent adverse findings by the two Courts below, the defendant is in second appeal before this Court assailing the trial Court judgment and decree dtd. 30/9/2016, as upheld by the learned First Appellate Court vide its judgment and decree dtd. 8/9/2017.

(3.) Briefly stated, succinct facts first, as noticed by Courts below. Plaintiff Kamaljit Singh purchased 5K-19M of land along with the share in electric motor connection from its previous owners Rajinder Singh and Jaswinder Kaur (children of Harbhajan @ Gurbhajan Singh son of Naranjan Singh) vide registered sale deed No. 686 dtd. 23/5/2013. Plaintiff pleaded that he had also purchased another 5K-19M land along with share in the electric motor connection from one Balwant Singh son of Gurdev Singh vide registered sale-deed No. 3793 dtd. 24/1/2014, who had in turn purchasedthe said share from Baljinder Singh son of Harbhajan @ Gurbhajan Singh. Said Harbhajan Singh @ Gurbhajan Singh had four children, namely, Rajinder Singh, Jaswinder Kaur, Jasvir Singh and Baljinder Singh. Accordingly, the plaintiff claimed to be owner in possession of 11K-18M in the suit property and thus entitled to joint use of electric motor connection No. 2G-374. However, defendant Sarabjit Kaur wife of Jasvir Singh son of Harbhajan @ Gurbhajan Singh resisted the claim of usage of electric motor connection. On the other hand plaintiff claimed that ever since he became the owner of the respective share of land in the joint holding, he had been maintaining the said electric motor connection. The motor connection in question still subsists in the name of ancestor of Rajinder Singh, namely, Naranjan Singh. He has been using the said connection for irrigation purposes. The defendant is therefore illegally attempting to obstruct into the peaceful use and enjoyment over the said electric motor connection. Hence, the suit for permanent injunction.