SUKHWINDER SINGH Vs. RAJ KAUR AND ANOTHER

JUDGEMENT

(1.) Instant regular second appeal has been preferred by the appellant-defendant no.1 against the judgment and decree dated 20.12.2011 passed by learned Civil Judge (Junior Division), Ferozepur whereby suit for permanent injunction filed by the respondent no.1- plaintiff has been decreed and respondent no.2/defendant no.2 has been directed to transfer the electric connection in dispute in favour of the plaintiff by making necessary changes/formalities in their record and resultantly defendants are restrained from alienating the electric connection in dispute to anybody else except plaintiff, as well as, against the judgment and decree dated 18.12.2013 passed by learned Additional District Judge, Ferozepur whereby appeal preferred by the appellant/defendant no.1 has been dismissed.

(2.) For convenience sake, hereinafter parties will be referred to as they are arrayed in the Court of first instance.

(3.) The detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, brief facts relevant for disposal of this second appeal are that plaintiff filed a suit for permanent injunction restraining the defendants from alienating in any manner or transferring the electric connection No. R.E.-4-2701 now changed to 492 installed in khasra no. 20M/23, situated in the area of Village Phullar Wan, Tehsil Ferozepur and in the alternative for mandatory injunction directing the defendants for making the necessary changes in the record of defendant no.2 as it existed prior to 11/97 and to incorporate the name of the plaintiff in place of defendant no.1. It was pleaded that originally Mehtab Singh, resident of Village Phullar Wan, Tehsil Ferozepur was owner of agricultural lands situated in Village Phullar Wan. He got installed an electric connection in his agricultural lands in that village under Account No. RE-4-2701 which stands changed to 492 from the office of defendant no.2. After the death of Mehtab Singh, his lands devolved upon his sons Niranjan Singh and Tara Singh. In a family settlement, Tara Singh surrendered the said electric connection in favour of his brother Niranjan Singh. Said Niranjan Singh sold his lands measuring 26 kanals 19 marlas in favour of the plaintiff and delivered its actual cultivating possession to her along with the electric connection.