- (1.) This appeal is preferred by the appellants-herein (defendants) against the judgment and decree dated 20.05.1988 passed by the Court of learned Additional District Judge, Ludhiana vide which the appeal preferred by the appellant-herein (defendant) Balbir Singh against the judgment and decree dated 15.10.1987 passed by the Court of Sub-Judge Ist Class, Khanna was dismissed and findings of trial Court were affirmed.
(2.) The case of the respondents-herein (plaintiffs) before the learned trial Court in brief was that one Sardara Singh (deceased), father of plaintiff No.1 and Kartar Singh were the real brothers, who constituted a Joint Hindu Family. Kartar Singh defendant No.1 being the Karta was managing the affairs of joint family. The said Sardara Singh (deceased) along with the plaintiffs and defendant No.1 got installed an electric tubewell jointly in their well bearing Khewat No.183, Khatauni No.222, Mustil No.12, Killa No.27 in the year 1965 and since then the plaintiffs had been using this electricity tubewell for the purpose of irrigation according to their respective shares. The electricity charges for the use of this electric tubewell were being paid by both the parties to this suit according to their respective shares. Both the parties were having 1/2 share each in the abovesaid well. The electric motor and all the accessories including centrifugal pump were purchased jointly by the parties. Then reference was also made to one family settlement dated 07.06.1973 arrived at between the parties vide which it was undertaken that the said electric tubewell was to be used to the extent of 7th share out of 16th shares by the plaintiffs and since then they had been using the same in terms of this settlement and also paying the electricity charges in accordance thereto. It was further case of plaintiffs that electric connection bearing No.E-1/58 which was previously in the name of Kartar Singh was got transferred during the pendency of this suit mala-fidely in the name of Balbir Singh-defendant No.5 vide No.E- 1/391. Since defendants had been forcibly restraining the plaintiffs from using this electric tubewell, hence was the suit.
(3.) Notice of suit was given to the defendants who appeared and filed written statement taking preliminary objections with regard to maintainability of suit; that there was no cause of action for filing the instant suit and that plaintiffs were not entitled to discretionary relief of injunction as they have concealed true facts from the Court. Then plea was also taken that this suit was liable to be dismissed since as per instruction No.35, 5(a) of Sales Manual, defendantBalbir Singh had deposited the amount of security, arrears of the electricity consumption charges etc. etc. Connection which was existing already, was not transferred in the name of defendant-Balbir Singh, rather a new connection was released after completing all the required formalities. Besides this, this defendant also got constructed a new pucca kotha for the installation of electric tubewell and a new bore was dug. Even the electric motor, switch, starter and all the accessories were new one. Defendant No.5-Balbir Singh was the exclusive owner of the electric connection bearing No.E-1/391, which was newly released in his name. Then it was admitted that Sardara Singh (deceased) and Kartar Singh-defendant No.1 were the real brothers and they constituted a Joint Hindu Family. Then it was further admitted that earlier the land of Kartar Singh and other co-sharers was joint. In this regard it was also pleaded that now defendants are cultivating their land which was allotted to them separately from the plaintiffs since 07.06.1973 from the date of abovesaid family settlement. Then it was also admitted that said Sardara Singh (deceased) along with plaintiffs and defendant No.1 had installed an electric tubewell jointly in the year 1965 as mentioned in the plaint. The electricity charges in respect of abovesaid electric tubewell in dispute were not paid and as such it was dis-connected by the Electricity Department on 10.12.1984 and since then it was not functional. In this regard it was also pleaded that the plaintiffs did not pay the electricity consumption charges for a period of about 2 years and ultimately this connection was disconnected. Then the family settlement dated 07.06.1973 as pleaded in the plaint was admitted. Then it was also admitted that electric connection in dispute bearing No.E-1/58 was in the name of Kartar Singh-defendant and electric connection bearing No.E-1/391 was in the name of Balbir Singh-defendant. The defendants never restrained the plaintiffs from using their 7/16th share in the joint electric tubewell, which in fact was disconnected as aforementioned on account of non-payment of electricity consumption charges. Rest of the averments were also denied.;