RAM CHANDER Vs. NATHI RAM AND ORS.

JUDGEMENT

(1.) A suit for permanent injunction had been filed by Nathi Ram and Kalawati respondent Nos. 1 and 2 so as to restrain Ram Chander -petitioner herein from installing any tube -well on any part of the agricultural land bearing Khasra No. 50//7(8 -13), Khewat No. 52/51, Khatauni No. 67, situated within the revenue estate of village Mehra and also for restraining the Electricity Board i.e. respondent Nos. 3 to 5 from releasing any tube -well connection to Ram Chander -petitioner. Alongwith the suit, an application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. was also filed by Nathi Ram and Kalawati, which application was allowed by learned Civil Judge (Sr. Division) Jagadhri on 27.9.2006 and respondent Nos. 3 to 5 were restrained from shifting the electric connection of tube -well in Khasra No. 7 of Rectangle No. 50 and also restrained the petitioner from installing any tube -well in the said khasra No. till the disposal of the suit. Aggrieved of the same, the petitioner filed an appeal which was, however, dismissed by learned District Judge, Yamuna Nagar on 9.6.2007. The petitioner is now before this Court in a revision under Article 227 of the Constitution of India.

(2.) THE main planks of the case of Nathi Ram and Kalawati respondents as set up in the suit was that they were owners and in possession of the suit land and therefore, Ram Chander -defendant had no right for installing any tube -well in the same or getting the electric connection in respect of the tube -well in Khasra No. 7 of Rectangle No. 50.

(3.) LEARNED Counsel for respondent Nos. 1 and 2 has submitted that the revenue record pertaining to the year 2000 -2001 clearly depicted the possession of Nathi Ram and Kalawati over the suit land and therefore, no credence could be attached to the statement of Nathi Ram, said to have been made by him in another suit filed by Ram Chander for the grant of mandatory injunction.