KARTAR SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS regular second appeal preferred by appellant -defendant no.3 is directed against the judgment and decree dated 03.02.2009 passed by learned Additional District Judge, Ferozepur whereby judgment and decree dated 18.01.2007 passed by learned Civil Judge (Sr. Divn.), Ferozepur dismissing the suit of plaintiffs has been set aside and suit for mandatory injunction filed by respondents no.3 to 7 - plaintiffs has been decreed and respondents no.1 and 2 have been directed to transfer the electric connection No.P -379 installed at village Palla Megha, Tehsil and District Ferozepur from the name of defendant no.3 to the plaintiffs.

(2.) FOR convenience sake, reference to parties is being made as per their status in the suit.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded by the plaintiffs are to the effect that the plaintiffs filed suit for mandatory injunction directing defendants no.1 and 2 to transfer the electric connection No.P -379 installed in village Palla Megha, Tehsil and District Ferozepur from the name of defendant no.3 to their names. It was pleaded that plaintiff no.4 -Arman Singh is minor son of Kulwinder Singh (since deceased) and is residing with his mother. Plaintiff no.3 -Pushipinder Kaur being widow of Kulwinder Singh and mother of plaintiff no.4, is the natural guardian and next friend of plaintiff no.4 and has no adverse interest against him. Hence, suit was filed on behalf of minor -plaintiff no.4 through her mother -plaintiff no.3. It was further pleaded that defendant no.3 was owner in possession of land measuring 15 kanals 12 marlas, as fully detailed in plaint. He had sold said land to plaintiffs no.1, 2 and Kulwinder Singh (since deceased), predecessor -in -interest of plaintiffs no.3 and 4 through registered sale deed dated 13.07.1999. Along with the agricultural land, defendant no.3 had also sold the electric connection bearing No.P -379 of 3 H.P. and kotha (room) in favour of plaintiffs no.1 and 2 and Kulwinder Singh which was being used to operate the tubewell. It was also pleaded that defendant no.3 had also delivered actual possession of the land in dispute along with electric connection motor and kotha (room) constructed therein. It was further pleaded that after the said purchase, plaintiffs no.1 and 2 and Kulwinder Singh had requested defendant no.3 to get the electric connection transferred in their name, but he did not do so in spite of due execution of sale deed in their favour, rather defendant no.3 in connivance with defendants no.1 and 2 got shifted the said connection in his other land. On the basis of sale deed, request was also made by the plaintiffs to the Electricity Department to transfer the said electric connection in their name, but to no avail. It was also pleaded that since the land is an agricultural land and for want of the said electric connection, the tubewell could not be operated; as a result of which the plaintiffs are not in a position to cultivate and irrigate the land. It was further pleaded that plaintiff no.2 - Gursewak Singh had also served notice dated 16.05.2002 upon defendants no.2 and 3, but no action was taken. Hence, suit was filed.