RAVINDER SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) The present Regular Second Appeal is directed against the concurrent findings of fact and law whereby suit of the respondent-plaintiffs for permanent injunction seeking restraint against the defendants from disconnecting the electric connection bearing No.B1-510 installed on tubewell mark 'X' shown red in colour in the site plan situated in the land bearing khasra nos.278/38, 277/38, with an alternative prayer of mandatory injunction has been decreed by the trial Court and affirmed in appeal.

(2.) The plaintiff sought the aforementioned relief on the premise that he alongwith defendants no.1 and 2 were in possession on separate parcels of land measuring 34 kanals 2 marlas shown in yellow, blue and green colour in the site plan. Both the parties installed the tubewell jointly as referred to above in the year 1969 but the electric connection was issued in the name of defendant no.1 being the head of the family. All the parties had been irrigating the respective parcels of land in their possession out of joint land measuring 34 kanals 2 marlas and paying the electricity charges till the electric supply to the tubewell was made charge free. Defendant no.1 by taking undue benefit threatened to shift the electric connection giving cause to file the suit.

(3.) Defendants no.1-A to 1-E and 2 were proceeded ex parte whereas defendant nos.1-F, 3 and 4 filed the separate written statements and contested the suit. Defendant no.1 stated that plaintiff and defendants were in separate possession as per the site plan. Installation of the tubewell by the plaintiffs, much less its expenses, were emphatically denied. Defendant no.1 was granted electric connection being the employee of PSEB, therefore, the plaintiff and defendant no.2 have no right, title or interest with the same. The tubewell at mark 'X' of defendant no.1 had become in dilapidated condition and in April 1999, defendant no.1 installed another tubewell at point 'L' as shown green in site plan and shifted the electric connection in dispute and electric motor to other tubewell and since then had been irrigating the agricultural land in their possession as no objection was raised regarding shifting.