R.S.A.No. 3562 of 2007 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 3562 of 2007 Date of decision: 11.8.2009 Harjinder Singh ......Appellant Versus Avraj Singh and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. B.S.Jaswal, Advocate, for the appellant. None for the respondents. **** SABINA, J. Plaintiff Avraj Singh filed a suit for mandatory injunction , which was dismissed by the Additional Civil Judge (Sr.Divn.) Baba Bakala vide judgment and decree dated 10.12.2004. In appeal, the said judgment and decree were set aside by the Additional District Judge, Adhoc (FTC), Amritsar vide judgment and decree dated 23.3.2007. Hence, the present appeal by defendant No.4. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 to 4 of its judgment, are as under:- R.S.A.No. 3562 of 2007 2 “2. Relevant facts are that tubewell connection E 1936 with 7.5 HP was installed in Khasra No.76/1 (2-7) situated in village Seron Bagha. Defendant No.4 was owner of said land and he sold it to the plaintiff vide sale deed dated 28.4.1999 along with the connection and also along with some other land. In this way, plaintiff became owner of the tube well connection. Now defendant No.4 has got the connection transferred for which he has no right. Accordingly plaintiff filed suit for mandatory injunction that defendants No. 1 to 3 (P.S.E.B.) be directed to retransfer the same. 3. Defendants No. 1 to 3 did not appear and were ordered ex parte. 4. Defendant No.4 contested the suit on the ground that it is not maintainable and that suit is bad on account of non-joinder and mis-joinder of parties and is not properly valued and plaintiff has no locus standi to file the suit. On merits, it is submitted that disputed electricity connection is for agriculture purpose and cannot be transferred in favour of any person without consent of original consumer. It is stated that land was sold by defendant No.4 to the plaintiff. It is denied that connection in dispute was also sold along with the land. R.S.A.No. 3562 of 2007 3 It is stated that defendant No.4 was not owner of the connection, therefore, suit is liable to be dismissed.” On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether the plaintiff is entitled to possession of electric connection? OPP 2. Whether the plaintiff is entitled to mandatory injunction? OPP 3. Whether the suit is not maintainable in its present form? OPD 4. Whether the suit is bad for mis-joinder and non-joinder of necessary parties? OPD 5. Whether the suit is not properly valued for the purpose of court fees and jurisdiction? OPD 6. Whether the plaintiff has no locus standi to file the present suit? OPD 7. Whether the plaint is not properly verified, if so, its effect? OPD 8. Relief. ” After hearing learned counsel for the appellant, I am of the opinion that the present appeal is devoid of any merit. Plaintiff purchased the land owned by the defendant vide sale deeds dated 28.4.1999 and 11.6.1999. Tube well connection No.D-1936 of 7.5 HP was installed in the said land. Learned R.S.A.No. 3562 of 2007 4 Additional District Judge in the impugned judgment has observed that a perusal of the sale deed dated 28.4.1999 reveals that the land was sold along with tubewell connection having 7.5 HP. Admittedly, earlier the tubewell connection was in the name of father of defendant No.4. Mohinder Singh, father of defendant No.4 died on 14.8.1993 and the mutation with regard to his inheritance was sanctioned in favour of the appellant/defendant No.4. Defendant No.4 became owner of the tubewell connection after the death of his father. Learned counsel for the appellant has failed to controvert the factual observations made by the learned Additional District Judge. Since, the land along with tubewell connection had been sold to the plaintiff, the Courts below had rightly decreed the suit of the plaintiff. No substantial question of law arises in this regular second appeal. Accordingly, the same is dismissed. (SABINA) JUDGE August 11, 2009 anita