MEHAR CHAND ALIAS MEHAR SINGH Vs. KALYAN SINGH

JUDGEMENT

(1.) This petition is instituted against the judgment dated 22.12.2014 rendered by the Additional District Judge, Hamirpur in Civil Misc. Appeal No. 8 of 2014.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioner -plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) has instituted a suit for decree of permanent prohibitory injunction with respect to land comprised in Khata No. 5 min, Khatauni No. 12 min, Khasra Nos. 93, 95, 96, 206, 207, 210 kitas 6 measuring 0 -12 -57 hectares situated at Mahaal Jangal Khohar, Mauza Jalari, Tehsil Nadaun, District Hamirpur as per Jamabandi for the year 2007 -08. The suit land is owned and possessed by the plaintiff and other co -sharers and the respondent -defendant (hereinafter referred to as the "defendant" for convenience sake), being stranger, has no right, title or interest in the same. Defendant in the second week of September, 2012 started encroaching upon the suit land by destroying its boundaries by way of digging to raise forcible construction and further threatened to forcible lay water pipes through the suit land. Along with the suit, plaintiff has also filed an application under order 39 rules 1 and 2 of the Code of Civil Procedure.

(3.) Suit was contested by the defendant. According to the averments made in the written statement, IPH, Nadaun at Gugal had sanctioned a private water connection in the name of his father which after the demise of his father has been transferred in his name and the water supply through said connection was being made from Jalari -Tiloo scheme. In the year 2006 -07, a new scheme was passed under which the water supply was to be made from a big over head tank to the village of defendant and for same the water supply pipes were laid from other side and the general as well as private water supply was made from northern side. Defendant met the official of IPH, Gugal for restoring of water connection from the said supply. It was disclosed that Rasil Singh and his son Ashok Kumar were not allowing to lay water supply pipes along with pucca path constructed by Panchayat. Defendant filed a complaint before the District Consumer Disputes Redressal Forum, Hamirpur. The District Consumer Disputes Redressal Forum vide order dated 11.8.2011 allowed the complaint and IPH, Nadaun at Gugal and the brother of the plaintiff and his son were directed to provide water connection to the defendant from water distribution point and to secure regular supply of water as provided to other villagers. Rasil Singh challenged the said order before the H.P. State Consumer Disputes Redressal Commission, Shimla. The appeal filed by Rasil Singh was dismissed by the H.P. State Consumer Disputes Redressal Commission, Shimla on 31.5.2012. Defendant moved an application on 8.8.2012 for execution of the order of District Consumer Redressal Forum. The same came up for hearing on 11.9.2012. It is in these circumstances the plaintiff has filed the suit to create hindrance. Plaintiff was residing at Delhi for the last about 30 years. Defendant has no concern with the suit land except laying of water supply pipes along with pucca path already constructed by the Panchayat.