SARBAJIT SINGH SODHI Vs. KARNAL SINGH & ORS

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for permanent injunction has been dismissed.

(2.) According to the appellant, he purchased suit land from defendant-respondent No.1 vide sale deed dated 20.6.2005 and there was an electric motor connection No. BAP-305 of 7.5 BHP installed in the said land. At the time of purchase of suit land, the electric motor connection was also purchased. Respondent No.1 had executed an affidavit dated 30.6.2005 giving his no objection for transfer of the electric motor connection along with security in the name of the plaintiff-appellant. The appellant had already completed formalities for transfer of electric motor connection in his name and had deposited the requisite charges with the Punjab State Electricity Board. However, respondent No.1 was colluding with other defendant-respondents and creating hindrance in the peaceful use and enjoyment of the said electric motor connection and was also threatening to disconnect the same illegally and thus, necessity arose to file the instant suit restraining the respondents from creating any type of hindrance into the peaceful use and enjoyment of electric motor connection running in the suit property and further restraining respondents No.2 to 4 from disconnecting the said electric motor connection.

(3.) Respondent No.1 in his written statement admitted that he had sold the suit land to the appellant. However, it was submitted that the electric motor connection was not sold through the aforesaid sale deed. It was the further defence of respondent No.1 that affidavit dated 30.6.2005 was not executed by him. Therefore, there was no question of executing affidavit regarding electric motor connection given on 30.6.2005. Defendant No.1 needed the said electric motor connection to be installed in his land. Thus, dismissal of the suit was prayed for.