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2024 Supreme(Online)(P&H) 10363

HIGH COURT OF PUNJAB AND HARYANA
Pankaj Jain, J
BHUPINDER SINGH – Appellant
Versus
SUKHWINDER SINGH & ANOTHER – Respondent


PANKAJ JAIN, J. Defendant No.2 is in second appeal. For convenience, the parties hereinafter referred to by their original position in the suit i.e. the appellant as defendant No.2 and respondent No.1 as the plaintiff.

2. Plaintiff i.e. respondent No.1 filed suit seeking decree of permanent injunction restraining defendant from interfering in joint possession of the plaintiff and preventing him from using tubewell connection bearing No.NC-576 of 3 B.H.P. installed in part of the suit land.

3. Plaintiff pleaded that the suit land as described in the headnote of the plaint admeasuring 29 Kanals 10 Marlas was owned and possessed by Ganga Singh, grandfather of the parties. After the death of Ganga Singh, tubewell was installed in joint land in the name of Tarsem Singh, father of the defendants, uncle of the plaintiff. All the parties contributed to the expenses. Tarsem Singh expired and defendants being legal heirs, succeeded to his rights. It was further claimed that the tubewell connection, in question, is being used by the plaintiff and the plaintiff is also depositing consumption charges with the electricity department. Apart from the tubewell connection, there is no other source of

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