Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1076

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Monga, J.
Sarabjit Kaur - Appellant
Versus
Kamaljit Singh - Respondent
RSA No. 4865 of 2017 (O&M)
Decided On : 22-02-2022

Advocates:
Mr. Charanpal Singh Bagri, Advocate, for the Appellant.; Mr. S. D. Sharma, Senior Advocate Assisted By; Mr. Anupam Sharma, Advocate, for the Respondent.; Mr. Alok Mittal, Advocate, for Pspcl.

The main legal point established in the judgment is the categorization of the electric motor connection as immovable property under the Registration Act, 1908, and the implications of family settlements on property rights.

Headnote:
Electric Motor Connection Dispute - Property Rights - Registration Act, 1908 - [ELECTRIC MOTOR CONNECTION] - [PROPERTY RIGHTS] - [Registration Act, 1908, Section 17, Section 49] - The court discussed the ownership of the electric motor connection and its categorization as immovable property under the Registration Act, 1908. It emphasized the requirement of compulsory registration for the relinquishment of rights in immovable property and the implications of family settlement on property rights. The court upheld the decree of permanent injunction, subject to the grant of a fresh connection by the Punjab State Power Corporation Limited.
Fact of the Case:

The plaintiff claimed ownership and joint use of an electric motor connection, while the defendant resisted the claim based on family settlements and property transfers. The trial court decreed in favor of the plaintiff, which was upheld by the First Appellate Court. The defendant appealed to the second appeal court.
Finding of the Court:

The court found that the plaintiff was entitled to permanent injunction for joint use and enjoyment of the electric motor connection as per his share in the property. The defendant's objections regarding family settlements and property transfers were dismissed, and the plaintiff was granted injunction subject to the grant of a fresh connection by the electricity department.
Issues: The issues included the entitlement to permanent injunction, maintainability of the suit, concealment of facts, estoppel, locus standi, and compliance with the mandatory provisions of CPC.
Ratio Decidendi: The court held that the electric motor connection fell under the category of immovable property, requiring compulsory registration for relinquishment of rights. It emphasized the implications of family settlements on property rights and the need for proper documentation and registration. The court also highlighted the significance of evidence and the annual record of rights in determining property ownership.
Final Decision: The court dismissed the appeal, upholding the decrees of the lower courts and granting permanent injunction to the plaintiff, subject to the grant of a fresh connection by the electricity department.

JUDGMENT

Arun Monga, J. For convenience, parties herein are described as per recitals before the trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, the defendant is in second appeal before this Court assailing the trial Court judgment and decree dated 30.09.2016, as upheld by the learned First Appellate Court vide its judgment and decree dated 08.09.2017.

3. Briefly stated, succinct facts first, as noticed by Courts below. Plaintiff Kamaljit Singh purchased 5K-19M of land along with the share in electric motor connection from its previous owners Rajinder Singh and Jaswinder Kaur (children of Harbhajan @ Gurbhajan Singh son of Naranjan Singh) vide registered sale deed No. 686 dated 23.05.2013. Plaintiff pleaded that he had also purchased another 5K-19M land along with share in the electric motor connection from one Balwant Singh son of Gurdev Singh vide registered sale-deed No. 3793 dated 24.01.2014, who had in turn purchasedthe said share from Baljinder Singh son of Harbhajan @ Gurbhajan Singh. Said Harbhajan Singh @ Gurbhajan Singh had four children, namely, Rajinder Singh, Jaswinder Kaur, Jasvir Singh and Baljinder Singh. Accordingly, the plaintiff claimed to be owner in possession of 11K-18M in the suit property and thus entitled to joint use of electric motor connection No. 2G-374. However, defendant Sarabjit Kaur wife of Jasvir Singh son of Harbhajan @ Gurbhajan Singh resisted the claim of usage of electric motor connection. On the other hand plaintiff claimed that ever since he became the owner of the respective share of land in the joint holding, he had been maintaining the said electric motor connection. The motor connection in question still subsists in the name of ancestor of Rajinder Singh, namely, Naranjan Singh. He has been using the said connection for irrigation purposes. The defendant is therefore illegally attempting to obstruct into the peaceful use and enjoyment over the said electric motor connection. Hence, the suit for permanent injunction.

4. In return, the defendant took preliminary objections to the suit being not maintainable; concealment of true and material facts; estoppel, suit being filed on frivolous and vexatious grounds; and locus standi. She contended that the previous owners from whom the plaintiff had purchased the land had already relinquished their right, title and interest regarding the electric motor connection bearing account number 2G-374 of 10 HRP in favour of her husband Jasvir Singh. Grand-father of Jasvir Singh had seven sons, namely, Harbhajan @ Gurbhajan Singh, Malkit Singh, Jit Singh, Bakshish Singh, Jora Singh, Parupkar Singh and Jagdish Singh. Jasvir Singh had transferred his share of land measuring 14K-18M including all the rights by transfer deed bearing No.02/09/2001 dated 12.10.2009 in her favour.Jasvir Singh acquired the said property through registered Will bearing no.11 dated 19.04.2004 executed by Malkit Singh son of Naranjan Singh in his favour with sound disposing state of mind. Malkit Singh son of Naranjan Singh was unmarried and issueless. Jit Singh son of Naranjan Singh had sold his land to Jasvir Singh, husband of the defendant/ appellant for a sale consideration of Rs.13,05,000/- vide registered sale-deed No. 3331 dated 17.11.2009. Thereafter, Jasvir Singh had transferred this share of land in favour of the defendant/ appellant. Thus she became the owner of the electric motor connection in question qua the share of Jit Singh and Malkit Singh as the said property had been acquired by the defendant/appellant. Widow of Harbhajan @ Gurbhajan Singh relinquished her entire property including share in motor connection in favour of her son Baljinder Singh. She refuted the claim of the plaintiff/respondent on the ground that even prior to selling of his share, Baljinder Singh and Rajinder Singh had relinquished their rights regarding the motor connection in favour of her husband through family settlement dated 21.04.2009. In exchange, her hu