HARI SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 29/4/2019 passed by the Addl. Civil Judge (Sr. Divn.) Amloh vide which the application filed by the petitioner under Order 6, Rule 17 read with Sec. 151 CPC for amendment of the plaint was dismissed.

(2.) Brief facts are that plaintiff/petitioner Hari Singh filed a suit for permanent injunction seeking to restrain the defendants/respondents from interfering in the peaceful use of electric motor installed in the land comprised in Rect. No. 21//4(7-17), situated in the revenue estate of village Ladpur, Tehsil Amloh, District Fatehgarh Sahib. The electric motor was installed for irrigation purposes in the joint land as per share in the land. Plaintiff/petitioner alleged that previously Bhag Singh and Bhagat Singh were joint user of electric connection. They got the aforesaid electric motor installed out of their joint funds. As per norms of the electricity department, the electric connection can be issued only in the name of one person, therefore, the same was got applied through Bhag Singh. The department issued electric connection in the name of Bhag Singh. Although Bhag Singh and Bhagat Singh were in joint use of electric motor connection. For the purposes of irrigation of joint land, electric motor was installed in the joint khewat and the same was only source of irrigation to the joint land.

(3.) Bhag Singh died and his land was devolved upon his sons namely Jangir Singh and Gurdial Singh. Defendants No. 1 to 3 are the sons of Jangir Singh. Defendant No. 5 is the son of defendant No. 4 i.e. Gurdial Singh. All the defendants stepped into the shoes of Bhag Singh. Bhagat Singh also died and his land was devolved upon his heir i.e. Pritam Singh etc.