- (1.) Plaintiff Balkar Singh who was successful in the trial court but has been non-suited by the lower appellate court has filed this second appeal.
(2.) The dispute relates to tubewell electricity connection Account No. JB-455 in village Jodh Singh Wala. Case of the plaintiff/appellant is that he has purchased land from Baj Singh vide sale deed dated 8.12.1992 including disputed tubewell connection installed in khasra no. 27//12 which is included in the land purchased by the plaintiff. Baj Singh had purchased the suit land from Bali Singh who has since died. Heirs of Bali Singh gave affidavit regarding sale of the disputed tubewell connection to the plaintiff. The said sale of tubewell connection is also mentioned in the sale deed of the plaintiff. Accordingly, the plaintiff sought declaration that he is owner in possession of the disputed electric connection. Injunction restraining defendants no. 1 to 3 (Punjab State Electricity Board and its Officers) from transferring the said electric connection to Resham Singh defendant no. 4 was also sought. During pendency of the suit, the disputed connection was shifted to some other place and transferred in the name of defendant no. 4. By amending the plaint, the plaintiff sought restoration of the disputed connection to him.
(3.) Defendants contested the suit and broadly controverted the plaint averments. It was denied that the disputed connection existed in khasra no. 27//12. It was also pleaded that the suit has become infructuous because connection has already been shifted and transferred in the name of defendant no. 4. It was alleged that defendant no. 4 purchased land from legal heirs of Bali Singh along with disputed connection but factum of sale of disputed connection was not mentioned in the sale deed inadvertently and therefore, legal heirs of Bali Singh gave affidavit for transfer of the connection in favour of defendant no. 4 and the connection was accordingly transferred in his favour.;