TARLOCHAN SINGH Vs. AJIT SINGH NAMBARDAR

JUDGEMENT

(1.) Suit filed by the appellants-plaintiffs was dismissed by the Trial Court, vide judgment and decree dated 04.03.2017, and as even the appeal preferred against the said decree failed, and was dismissed on 15.02.2018, they are before this Court in Regular Second Appeal. Parties to the lis, hereinafter shall be referred to by their original positions in the suit.

(2.) Plaintiffs prayed for a decree for mandatory injunction requiring the defendants to allow them to use the tubewell connection, installed in the revenue estate of Village Wadala Viram, Tehsil and District Amritsar, bearing Account No. 877AP of 3 BHP, of their 60 paise share.

(3.) In brief, the case set out by them was that they had purchased a land measuring 7 Kanals 15-1/2 Marlas, being 1/2 share of land measuring 15 Kanals 11 Marlas, comprised in specific khasra numbers, from Lal Singh, Gopal Singh and defendant No. 2-Partap Singh, alongwith 1/6th share in the tubewell connection, pursuant to a sale deed dated 12.06.2002. Ajit Singh, late father of plaintiff No. 1 and husband of plaintiff No. 2, had also purchased a land measuring 7 Kanals 11 Marlas alongwith 1/6th share in the tubewell connection from Amar Singh, Balwinder Singh, Jaswant Singh sons of Darshan Singh, vide sale deed, dated 05.06.2004. Further, a land measuring 4 Kanals was purchased by plaintiff No. 1 from Hardev Singh. One Sukhraj Singh son of Dalip Singh had mortgaged a land measuring 8 Kanals with the plaintiffs, vide mortgage deed dated 22.01.2002, alongwith share in the tubewell connection in dispute. Thus, the plaintiffs and their predecessor-in-interest Ajit Singh had purchased a land measuring 19 Kanals 6-1/2 Marlas, and they were also in possession of 8 Kanals pursuant to the mortgage deed dated 22.01.2002. For, the plaintiffs had purchased 60 paise share of the land as also the tubewell connection out of the joint khata, and, therefore, had every right to use the said connection. But as the defendants were causing hindrance and obstruction as regards usage of the said connection, thus, the suit.