RAM SINGH Vs. RAM NIWAS

JUDGEMENT

(1.) PRESENT regular second appeal is against judgment and decree dated 04.12.2014 passed by Court of first appeal.

(2.) FOR the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) DETAILED facts of the case have already been recapitulated in the judgments of Courts below. For the purpose of decision of present Regular Second Appeal that plaintiffs filed suit for permanent injunction for restraining defendants No.1 and 3 from transferring the tubewell connection No.HBA29/JA -51 -0027 and necessary directions be issued to respondent No.1. As per plaintiff, they along with proforma defendant No.4 and defendant No.1 are joint owners of the suit land. The electricity connection was installed on the tubewell in question. The tubewell was dug up out of joint funds. Now defendant No.1 in collusion with defendants No.2 and 3 wants to transfer it to his own tubewell. Defendant No.1 contested the suit on the ground that he is exclusive owner of the electricity connection in question and the plaintiffs and proforma defendants has no right in the same tubewell. Defendant No.1 has already dug up on which electricity meter is running since 01.07.2010. So, plaintiffs have no right for issuance of injunction. On these facts following issues are framed and settled by the Court of first instance: