HARBANS KAUR Vs. SUKHMINDER SINGH AND ORS.

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit for declaration and permanent injunction filed by the respondent/plaintiff in respect of Electric Motor Connection bearing AC No.B1-152 of 7.5 BHP installed in Khasra No.539/6-5 was decreed by the trial Court vide judgment and decree dtd. 26/8/2014 that came to be affirmed in appeal by the Additional District Judge, Sangrur.

(2.) The aforesaid electric connection stands in the name of Smt. Gurnam Kaur who was co-owner to the extent of half share in land measuring 104 bighas 17 biswas in the revenue estate of village Banbhauri. Gurnam Kaur suffered a consent decree dtd. 19/1/1982 in respect of 2/3 share of land measuring 36 bighas 3 biswas comprising khasra numbers detailed in Ex.P9 in favour of respondent/plaintiff Sukhminder Singh. The remaining 1/3rd share of land qua share of Smt. Gurnam Kaur was inherited by her legal heirs (private defendants in the suit) on the basis of natural succession. The respondent/plaintiff has claimed 2/3rd share in the aforesaid electric motor connection in view of land to that extent having become his ownership on the basis of consent decree dtd. 19/1/1982.

(3.) Counsel for the appellant would argue that in the consent decree suffered by Smt. Gurnam Kaur in respect of land, subject matter of civil suit No.809 dtd. 24/12/1981, there is no reference to electric motor connection in her name, therefore, the respondent/plaintiff cannot stake his claim of ownership in the electric motor connection much less to the extent of 2/3 share. It is further argued that since Smt. Gurnam Kaur never transferred her rights in the aforesaid electric motor connection in favour of respondent/plaintiff Sukhminder Singh, the appellants being legal heirs of the deceased and entitle to succeed her movable and immovable property on the basis of natural succession are exclusive owner of the electric motor connection. In support of his contention, he has also made reference to Electricity Supply Instructions Manual particularly para 30.2 pertaining to death of a consumer and entitlement of the heirs to apply for transfer of connection in the name of one of the heirs. He has also relied upon judgment of this Court Surjit Singh Vs. Narinder Singh and others, RSA No.2353 of 2013 decided on 11/1/2016. Another submission made by counsel is that the appellants produced on record various receipts with regard to payment qua electric motor connection to PSPCL, Patiala.