RAJ MOHAN SINGH Vs. MANJIV SINGH

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the courts whereby suit for permanent injunction, declaration and mandatory injunction filed by the respondent-plaintiff in respect of electric connection Nos. F-1049 and F-1050, was decreed by the trial court, vide judgment and decree dtd. 22/1/2010 to the following effect:-

(2.) Appeal preferred by unsuccessful defendant No. 1 did not find favour with the Additional District Judge, Patiala as the court affirmed findings of the trial court without variance, vide judgment and decree dtd. 16/10/2012.

(3.) The facts relevant for disposal of present appeal are that as per case of the plaintiff-respondent, plaintiff and defendants No. 1 and 2 are holding joint ancestral land in three villages namely Bibipur, Kalyan and Bishanpur Chhanna, Tehsil and District Patiala. They, for joint cultivation of land, took two temporary electric connections in the name of defendant No. 1. The same were made permanent by depositing charges jointly by the parties in the name of defendant No. 1, in the year 2001. Since the year 2005, plaintiff, defendant No. 1 and 2 started cultivating the land separately for the purpose of cultivation. Plaintiff has been cultivating land measuring 22 kanal 7 marlas at village Kalyan and irrigates this land with water from electric motor connection No. F-1050. Land measuring 24 bigha and 19 biswas situated at village Bibipur is irrigated by the plaintiff from electric motor connection No. F-1049. Besides this land, parties have been cultivating their land as per their share from other six electric motors. In the month of November 2005, dispute arose between plaintiff and defendant No. 1 as defendant No. 1 wrongly started cultivating one acre of land out of land situated at village Bibipur and proceedings under Sec. 107/151 Cr.P.C. were initiated against defendant No. 1. On 16/11/2006, defendant No.l without any right, title or authority has got disconnected motor connection No. F-1050 temporarily to cause loss to the plaintiff. The above said electric connections are running in the name of defendant No. 1 but charges of the same were deposited by the parties from agricultural income. The load was got extended by the plaintiff himself and now plaintiff, defendants No. 1 and 2 are joint owners of the aforesaid electric motor connections in equal shares.