LAWS(P&H)-2016-1-310

HARPAL SINGH Vs. RAJPAL SINGH

Decided On January 11, 2016
HARPAL SINGH Appellant
V/S
Rajpal Singh and another Respondents

JUDGEMENT

(1.) The present petition has been directed against the judgment and decree dated 11.12.2010 passed by the Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, setting aside the judgment and decree passed by the trial Court whereby the suit filed by the plaintiffs/respondents was dismissed and as a result, the suit filed by the plaintiffs/respondents has been decreed.

(2.) The facts relevant for disposal of the present appeal are that Rajpal Singh son of Atma Singh and Charanjit Singh son of Sohan Singh (respondents herein) filed a suit for permanent injunction restraining the appellant/defendant from dismantling or demolishing or blocking the arh/khal passing through the land measuring 4 kanals 14 marlas bearing khasra No. 16R/9/2, 12/2/1, khewat No. 52 khatauni No. 140 as mentioned in the site plan at point X, Y, Z situated at village Thariewal, Tehsil Batala, District Gurdaspur. The plea of the respondents is that they are co-sharers/co-owners in possession of the aforesaid land to the extent of 2/3 share while the appellant/defendant is co-sharer in possession of ¾rd share in the said land. The respondents are also co-sharers in possession in land bearing khasra No. 16R/13/1/2 16R/13/1/1, 12/2/2. There is arh/khal passing through the land bearing khasra No. 16R/9/2/and 12/2/1 which goes to other fields of the respondents bearing aforesaid khasra numbers and they are irrigating their land through the said arh/khal which is the only source of irrigation. The appellant/defendant is threatening to demolish and block the arh/khal passing through the land in dispute illegally and forcibly to which he has no right.

(3.) The appellant filed the written statement and, in turn, denied the existence of any arh/khal in land measuring 4 kanals 14 marlas. It is pleaded that land measuring 4 kanals 14 marlas bearing khasra No. 16R/12/2 (0-12) min Lehnda, 9/2 (4-2) was purchased by the respondents and the appellant from Mohan Singh vide sale deed dated 11.04.1980. The respondents and the appellant also purchased land measuring 6 kanals bearing khasra Nos. 7R/4/2, 4/3, 7 min charda, 7R/6/2 min Lehnda (1-10) from said Mohan Singh vide sale deed dated 15.07.1982 registered on 16.07.1982. Mohan Singh sold the said land in favour of the parties in equal shares with right of irrigation of said land through his tubewell. The said joint land was partitioned amongst the co-sharers vide memo of partition dated 16.07.1991 executed between Atma Singh, father of respondent No. 1, Sohan Singh, father of respondent No. 2 and the appellant and mutation on the basis of said memorandum of partition has already been sanctioned and said land is being irrigated through the tube well installed by the respondents in the land which had fallen to their share. The respondents have got no right to pass any arh/khal through the suit land for approach to the land which is not joint with the appellant.