RSA No. 4865 of 2017 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No. 4865 of 2017 (O&M)

Date of decision: 22.02.2022

Sarabjit Kaur

… Appellant

versus

Kamaljit Singh

…Respondent

Coram :

Hon’ble Mr. Justice Arun Monga

Present :

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.

Arun Monga, J.

1.

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 purchased

VARINDER SINGH

2022.03.16 10:28

I attest to the accuracy and

authenticity of this document.

Punjab & Haryana High Court at

Chandigarh

RSA No. 4865 of 2017 (2)

the 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.

VARINDER SINGH

2022.03.16 10:28

I attest to the accuracy and

authenticity of this document.

Punjab & Haryana High Court at

Chandigarh

RSA No. 4865 of 2017