- (1.) This regular second appeal by plaintiff is directed against the judgment and decree dated 14.06.2010 passed by learned Civil Judge (Jr. Divn.), Fatehgarh Sahib whereby suit for permanent injunction filed by appellant-plaintiff has been dismissed and against the judgment and decree dated 05.08.2011 passed by learned Additional District Judge, Fatehgarh Sahib whereby appeal preferred by appellant-plaintiff has also been dismissed.
(2.) For convenience sake, hereinafter reference to parties is being made as per their status in the suit.
(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for permanent injunction restraining the defendants from recovering any amount on the basis of notice dated 31.07.2006 issued by defendants no.1 to 3 and disconnecting the electric connection of 5 BHP motor. It was pleaded that plaintiff and defendant no.4 are real brothers. Electric motor connection bearing No.E-213 is running in the name of father of plaintiff and defendant no.4 of which plaintiff along with defendant no.4 and two other brothers namely Joginder Singh and Jarnail Singh are joint owners in joint possession to the extent of 1/4th share each. After the death of father of plaintiff and defendant no.4, an electric connection No.E-969 was carved out from electric connection No.E-213 cleverly and cunningly by defendant no.4, without consent of plaintiff, by bifurcating 10 BHP into two electric motors of 5 BHP each. Defendant no.4 in connivance with officials of the electricity board had allegedly installed the electric motor over account no.E-969 by constructing a room underneath the distribution line. It was further pleaded that prior to the death of his father, the plaintiff was irrigating his land through electric connection No.E-213 of 10 BHP. After bifurcation of electric connection of 10 BHP into two electric connections of 5 BHP each, the plaintiff was stated to be finding it difficult to irrigate his agricultural land with the help of motor/connection No.E-213 of 5 BHP due to deep down water level. It was, therefore, prayed that electric connection No/E-969 is liable to be merged into electric connection No.E-213 making it 10 BHP in which electric motor could be installed and co-sharers could cultivate the land.;