IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.338 of 2009 (O&M) Date of decision : 26.11.2009 Dalip Singh … Appellant Versus Raghbir Singh and others …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.RA Sheoran, Advocate for the appellant. Mr.Jatinder Nara, Advocate for the respondents. Sabina, J. Dalip Singh-plaintiff filed a suit for permanent injunction restraining the defendants from interfering in running of tube well, which is in his possession and further from interfering with the killa line which falls in between killa No.67/9 (8-0), 12(3-2) and 67/10. The suit of the plaintiff was dismissed by Civil Judge (Sr.Divn.) Jhajjar vide judgment and decree dated 20.10.2008. In appeal, the Addl. District Judge, Jhajjar, dismissed the appeal and affirmed the judgment and decree of the lower court vide judgment and decree dated 16.12.2008. Hence, the present appeal filed by the plaintiff. The brief facts of the case as noticed by lower appellate Court in para Nos.2 to 3 of its judgment reads as under:- 2. The case of the plaintiff , in brief, is that plaintiff along with his brothers was owner in possession of the land bearing khasra No.67/9 and 12 whereas defendants were owner in possession of the land bearing Rect. And khasra No.67/10, as detailed and desribed in para no.1 and 2 of the plaint. It was also averred that the land of both the parties was situated adjacent to each other. As per plaintiff, he had installed a tube well in his land bearing khasra No.67/9 whereas defendants were claiming that it was existing in their land bearing khasra No.67/10. Hence, they started interfering in his possession and use of his tube well. Hence, he file the said suit. RSA No.338 of 2009 (O&M) 3. On notice, defendants appeared and denied that any tube well of the plaintiff was existing in the land bearing khasra No.67/9. Whereas it was existing in their land bearing khasra No.67/10. They also claimed that the dividing line between the land of the parties was in existence from the time of consolidation. Defendants claimed that the tube well in question was existing in their land and it was installed by them and they had been using the same for the last 15/16 years and, therefore, the plaintiff had got no right, title over the tube well or the land bearing khasra No.67/10. Besides, they also took certain preliminary objections regarding maintainability of the suit, estoppel, locus-standi and non-joinder of necessary parties etc. From the pleadings of the parties, the following issues were framed by the learned trial Court:- 1. Whether the plaintiff is entitled for the relief of permanent injunction as prayed for? OPP 2. Whether the suit of the plaintiff is not maintainable? OPD 3. Whether the plaintiff is estopped to file the present suit by his own act and conduct? OPD 4. Whether the suit of the plaintiff is bad for mis-joinder of necessary parties? OPD 5. Relief. “ After hearing learned counsel for the parties, I am of the opinion that the instant appeal is devoid of any merit and deserves dismissal. The plaintiff had filed the suit for permanent injunction that the defendants be restrained from interfering in his possession and further from interfering with the doll (killa line) which falls in between killa No.67/9 (8-0), 12(3-2) and 67/10. Parties led their evidence in support of their respective pleas. local Commissioner was appointed to visit the spot and report with 2 RSA No.338 of 2009 (O&M) regard to the position at the spot. From the report of the local Commissioner, the tube well in question was stated to be existing adjoining the doll of killa 67/9 i.e. 1-1/2 ft. in side towards killa No.67/10. Admittedly, killa No.67/10 is owned by the defendants whereas killa No.67/9 is owned by the plaintiff. Since tube well was 1-1/2 ft. in side towards killa number owned by the defendants, the courts below had rightly dismissed the suit of the plaintiff for permanent injunction. No substantial question of law arises for consideration in this appeal. Dismissed. [ SABINA ] JUDGE 26.11.2009 sd 3