JAGIR SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) AS identical questions of law and facts are involved, therefore, I propose to decide the indicated two revision petitions, arising out of the similar impugned orders, by virtue of this common decision, in order to avoid the repetition.

(2.) THE conspectus of the facts and material, culminating in the commencement, relevant for deciding the instant revision petitions and emanating from the record, is that initially, respondents -plaintiffs Bhajan Singh and Rattan Singh sons of Sanjha Singh (for brevity "the plaintiffs") have instituted two civil suits against petitioner -contesting defendant Jagir Singh son of Sanjha Singh and others defendants (for short "the contesting defendant"), for a decree of declaration to the effect that they are owners and in joint possession of land in dispute and tubewell connection installed therein, with a consequential relief of permanent injunction, restraining the contesting defendant from interfering in their use of irrigation to the extent of their shares. The plaintiffs have also filed the applications for ad interim injunction under Order 39 Rules 1 and 2 read with section 151 CPC in both the cases. The contesting defendant refuted the prayer of plaintiffs, filed the written statements, stoutly denied all the allegations contained in the plaints and prayed for dismissal of their suits.

(3.) TAKING into consideration the facts and entire material on record, the trial Court allowed the injunction applications and restrained the contesting defendant from obstructing and interfering in the use of tubewell connection and irrigation of plaintiffs, to the extent of their 1/5th share each, by means of impugned orders dated 14.10.2010 (Annexures P1).