R.S.A. No. 4923 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 4923 of 2009 (O&M) Date of decision : 25.1.2011 Kewal Singh and others ......Appellants Versus Gurcharan Singh and others .......Respondents ***** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. Rajbir Singh, Advocate, for the appellants. Mr. Vikrant, Advocate for Mr. Ashok Bhardwaj, Advocate, for respondent No.1. **** SABINA, J. Plaintiff had filed a suit for permanent injunction that defendants No.1 to 4 be restrained from getting the electric motor connections bearing account No. AN-53-315 and AN-53-314 installed in Khasra No.1306/84 (8-4) transferred in their names to the exclusion of the plaintiff and also for restraining the defendants No.1 to 4 for causing any obstruction in the peaceful use and enjoyment of the said electric motor connections of the plaintiff according to his share. The case of the plaintiff in brief was that Dhana Singh father of plaintiff and defendants No.1 to 4 was owner in possession of the suit land. Dhana Singh had got installed the disputed electric motor connections for R.S.A. No. 4923 of 2009 (O&M) 2 irrigation purposes. Dhana Singh died on 10.9.1991. Plaintiff and defendants No.1 to 4 and their mother Bachan Kaur inherited the suit property on the basis of Will executed by Dhana Singh dated 17.8.1991. Defendants No.1 to 4 were threatening to get the electric motor connections transferred in their names to the exclusion of the plaintiff and were also threatening the plaintiff that he would not be allowed to use the electric motor connections in dispute. Defendants No.1,3 and 4, in their written statement, admitted that property in dispute as well as the electric motor connections were owned by Dhana Singh. The execution of Will by Dhana Singh as alleged by the plaintiff was denied. It was averred that the plaintiff had no concern with the electric motor connection No. AN-53-315. The said motor connection was being used by defendants No.1 to 4 earlier also. Plaintiff had relinquished his share in the said motor connection. As per oral family settlement which was later on reduced into writing on 12.8.1992 plaintiff had share in electric motor connection No. AN-53-314. The electric motor connection No. AN-53-315 had already been transferred in the name of defendant No.4. Defendants No.5 and 6, in their written statement, averred that electric connection bearing No. AN-53-315 had already been transferred in favour of Kewal Singh on the basis of documents submitted by him vide order dated 11.12.2000. No application had been received qua change of ownership of electric motor connection No. AN-53-314. On the pleadings of the parties, following issues were framed R.S.A. No. 4923 of 2009 (O&M) 3 by the trial Court :- “1. Whether the plaintiff is co-owner of the electric motor and connection bearing A/C No. AN-53/0315 and A/c No. AN-53/0314 on the basis of natural succession of Dhanna Singh ? 2. Whether the plaintiff is entitled to decree of permanent injunction ? OPP. 3. Whether the present suit is not maintainable ? OPD. 4. Whether the defendant nos.5 and 6 have been dragged into unnecessary litigation, if so its effect ? OPD. 5. Relief.” The trial Court vide judgment and decree dated 8.4.2006 partly decreed the suit of the plaintiff qua connection No.AN-53-314. Defendants No.1 to 4 were restrained from getting the said electric motor connections transferred in their names to the exclusion of the plaintiff and without his consent. Defendants No.5 and 6 were restrained from transferring the electric motor connection No. AN-53-314 in the name of defendants No.1 to 4 without the consent of the plaintiff. Aggrieved by the said judgment and decree plaintiff preferred an appeal and the same was partly allowed by Additional District Judge, Sangrur vide judgment and decree dated 31.8.2009. The defendants were also restrained from stopping the plaintiff to use the electric motor connection bearing No. AN-53-315, as per his share, till the land was not partitioned between the parties. Hence, the present appeal filed by defendants No.1 to 4. After hearing the learned counsel for the parties, I am of the R.S.A. No. 4923 of 2009 (O&M) 4 opinion that the instant appeal deserves dismissal. The dispute in the present appeal is only qua use of electric motor connection bearing No. AN-53-315. Admittedly, the suit land is jointly owned by the parties. The suit land has not been partitioned between the parties so far. The electric motor connection No. AN-53-315 had been installed in the land which is jointly owned by the parties (by their father). Mutation was sanctioned in favour of the plaintiff and defendants No.1 to 4 and Bachan Kaur after the death of Dhana Singh on the basis of Will dated 17.3.1991. Although, the electric motor connection in dispute is in the name of defendant No.4 but all the co-sharers are entitled to use the same for irrigating their land as the land is jointly owned by the parties. Apparently, the electric motor connection No. AN-53-315 has been got transferred in the name of defendant No.4 to regularize the payment of bills etc., but the same is liable to be used by all the co-sharers who have inherited the suit property from Dhana Singh. The electric motor connection in question was in existence during the life time of Dhana Singh and earlier it was in the name of Dhana Singh. Thus, all the heirs of Dhana Singh are entitled to use the electric motor connection No. AN-53-315 till the land is partitioned. No substantial question of law arises in this case which would warrant interference by this Court. Dismissed. (SABINA) JUDGE January 25, 2011 Anand