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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAKESH KUMAR GARG, J.
Kesar Singh - Appellant
Versus
Balwinder Singh and another - Respondents
RSA No.31 of 2013 (O&M)
Decided on: 22nd April, 2014
Electric Motor Connection - Property Rights - [Transfer of Property Act, Section 5, Indian Evidence Act, Section 3, Punjab Land Revenue Act, Section 42] - The court discussed the joint ownership of the electric motor connection and the land, the transfer of the motor connection from Gajjan Singh to the plaintiff-respondent, and the continued joint possession and usage of the motor connection by the parties. The court also referred to the legal principle that the installation of a motor connection in joint land makes it joint property, and the evidence of joint usage of the motor connection by the parties influenced the court's decision.
Fact of the Case:
The plaintiff-respondent claimed joint ownership and usage of an electric motor connection for irrigating land, which was disputed by the appellant. The trial court decreed the suit in favor of the plaintiff-respondent, which was affirmed by the first appellate court. The appellant filed the instant appeal challenging the judgments and decrees of the lower courts.
Finding of the Court:
The court found that the evidence established joint ownership and usage of the electric motor connection by the parties, and the findings of the lower courts were not perverse. The substantial questions of law raised by the appellant were dismissed, and the appeal was also dismissed.
Issues: The issues included the entitlement of the plaintiff for permanent injunction, maintainability of the suit, cause of action and locus standi, and the relief sought.
Ratio Decidendi: The court relied on the evidence of joint ownership and usage of the electric motor connection, the admission of the sale deed transferring the connection to the plaintiff-respondent, and the principle that the installation of a motor connection in joint land makes it joint property.
Final Decision: The appeal was dismissed, and the judgments and decrees of the lower courts were upheld.
RAKESH KUMAR GARG, J.
As per the averments made in the plaint, Gajjan Singh son of Beer Singh (who was grandfather of the appellant as well as plaintiff-respondent No.1 and father of proforma respondent No.2) was owner in possession of the total Khewat. He got installed an electric motor connection bearing account No.AG1/691 of 5 Horse Power in his name during his lifetime. Thereafter, he sold land measuring 10 Bighas 1 Biswa to the plaintiff-respondent No.1 vide registered sale deed dated 09.12.1999 along with share in the electric motor connection. A recital qua the sale of share in electric motor connection was made in the sale deed and on the basis of said sale deed, mutation was also sanctioned in favour of the plaintiff-respondent No.1. According to the plaintiff-respondent, he was in possession of the land and was using the electric motor connection to the extent of 1/3rd share for the purpose of irrigating his land. Gajjan Singh expired and his share in the remaining land was inherited by respondent No.2 along with Ujjagar Singh, Nirbhai Singh and Uggar Singh etc. Thereafter, Ujjagar Singh and Nirbhai Singh exchanged their shares in the suit land with Pargat Singh respondent No.2 and the electric motor connection was transferred from the name of Gajjan Singh to that of Pargat Singh being head of the family and the same was still continuing in his name in the record of the Electricity Board. It is further case of the plaintiff-respondent that power of the aforesaid motor connection was enhanced from 5 HP to 7 HP with funds, to which he also contributed along with respondent No.2. Gajjan Singh also transferred some land in favour of appellant. The appellant as well as respondent No.2 were irrigating their land from the electric motor connection in dispute in equal shares along with the plaintiff-respondent. Thus, since purchase of the land from Gajjan Singh, the plaintiff was using the electric motor connection to the extent of 1/3rd share for the purpose of irrigation and defendants were also using the said electric motor connection to the extent of 1/3rd share. However, now since the defendants wanted to grab share of the plaintiff in the electric motor connection by taking undue advantage of the name of respondent No.2 in the Board records, necessity arose to file the instant suit.
Upon notice, the appellant contested the suit by filing written statement raising various preliminary objections. It was admitted that Gajjan Singh had sold the land measuring 10 Bighas 1 Biswa to the plaintiff-respondent No.1 on 09.12.1999. However, it was denied that Gajjan Singh got installed the electric motor connection in question. It was averred that the electric motor connection was got installed by respondent No.2 in the name of his father Gajjan Singh. On 23.09.1996 Gajjan Singh transferred the electric motor connection in favour of respondent No.2 and thereafter, he got enhanced the power of said electric motor connection. It was denied that on 09.12.1999, the electric motor connection was sold by Gajjan Singh as he had already transferred the said connection in the name of respondent No.2 on 23.09.1999, and therefore, the question of selling the said electric motor connection by Gajjan Singh in favour of plaintiff-respondent on 09.12.1999 does not arise at all. It was denied that plaintiff was using the electric motor connection to the extent of 1/3rd share. It was further averred that Pargat Singh sold the disputed electric motor connection vide registered sale deed dated 15.01.2002 to the appellant along with land measuring 9 Bighas comprised in Khasra No.148 (40) and the same was in possession of the appellant, who was exclusively using the electric motor connection since the date of purchase of the said connection. All other averments were denied and dismissal of the suit was prayed for.
On the basis of the pleadings of the parties, the following issues were framed by the trial Court:
1. Whether the plaintiff is enti
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