Mr. K.C. Puri, J.: - Legal heirs of plaintiff Gurnam Singh have challenged the judgment dated 10.12.2008 passed by Ms. Sukhwinder Kaur, Additional District Judge, Patiala vide which the appeal preferred by them against the judgment and decree dated 9.10.2007 passed by Shri S.S.Panesar, Additional Civil Judge (Senior Division), Patiala, was dismissed.

2. Gurnam Singh filed suit for declaration and permanent injunction with the allegation that he is owner in possession of tube-well motor connection bearing Account No.BH-8/26 of 10H.P. installed previously in Khasra No.12 now in Khasra No.11 of Rectangle No.14 situated in village Sampurangarh tehsil and District Patiala. It is alleged that plaintiff and defendant No.1 were co-sharers in Khewat No.39 Khatauni No.91 situated in village Sampurangarh Tehsil and District Patiala but actually the land has already been partitioned between the cosharers and every cosharer is in exclusive possession of the land as per their share. The plaintiff is in possession of his land including khasra No.11 Rectangle No.14. Previously, motor connection along with tube well was installed/running in Khasra No.12 of Rect.No.14. The same is now runni