MAJOR SINGH Vs. SAHIB SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition is directed against the order passed by the learned Civil Judge (Jr. Division), Ludhiana allowing an application filed by the respondent-plaintiffs under Order 39 Rules 1 and 2 Code of Civil Procedure and the order passed by the learned Additional District Judge, Ludhiana dismissing the appeal preferred by the petitioner-defendant No. 1 against the aforementioned order.

(2.) The claim of Sahib Singh and another, the respondents in the present revision petition, in the suit filed by them is that they are owners of 1/2 share of joint land which is not yet partitioned and there is a motor therein which is also joint. It was installed in the name of Mal Singh father of the petitioner-defendants and the father of plaintiff Nikka Singh also contributed Rs. 5,000.00. For joint use of the motor a writing was executed on 4.7.1990. Nikka Singh died on 18.2.2004 and thereafter defendant No. 1 who is petitioner in this petition is threatening to interfere with the use of water by the plaintiffs from the said motor. The matter went to Panchayat where the defendants admitted the right of the plaintiff but thereafter again resiled.

(3.) In the reply, the defendants firstly stated that the jurisdiction is of the civil Court at Jagraon and the present Court had no jurisdiction. They further stated that the motor belonged to the defendants exclusively and it was installed in Aug., 2003. They stated that possession and cultivation of parties is separate and land was partitioned by their forefathers decades ago. The old tubewell was not functioning and the present motor is new one installed by the defendants.