Punjab-Haryana High Court
Pritam Pal Singh vs Jagrup Singh And Others on 21 July, 2010
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Civil Revision No. 3134 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No. 3134 of 2009
Date of Decision: 21.7.2010
Pritam Pal Singh
...Petitioner
Versus
Jagrup Singh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Ravi Gupta, Advocate
for Mr. Jasbir Rattan, Advocate
for the petitioner.
Mr. Mahesh Gupta, Advocate
for respondent No.1.
Mr. P.S. Thiara, Advocate
for respondents No.2 and 3.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present revision petition depicts a sorry state of affair, where due to lack of availability of infrastructures, people have not only to quarrel and fight with each other but to run from pillar to post to obtain the electricity connection, in order to irrigate their fields. A bare perusal of compromise dated 16.6.2006 (Annexure P6), relied upon by the petitioner, reveals that the petitioner and respondent No.1 are having a joint electricity connection and the same reads as under:-
"Panchayati Compromise Today: 16.6.06, this Panchayati Compromise is written.Civil Revision No. 3134 of 2009 2
I, Jagrup Singh s/o Sh. Nihal Singh r/o Dhandra. That the motor No. 8-J-280/AP of 10 H.P., which is on the name of Pritam Singh s/o Amar Singh r/o Bhogiwal, I have broken the lock of the motor used the water for irrigation purposes. I admit this fault of mine. I will not repeat such kind of mistake in the future. Whatever Court will decide "I will be the 1/5 shareholder of that connection" and I have no stake in the submersible. I will get my bore in my field when Court will decide about my connection. I have taken this decision without any pressure end are both parties are agree with the decision.
That this Panchayati compromise has been written. Now, we do not want any police action against each other. So our application may kindly be admitted and our compromise may kindly certified today.
Dated 16.6.06 Dhuri.
Witnesses:
Sd/- Sd/- Sd/-
Jarnail Singh Tara Singh s/o Jagrup Singh s/o Sarpanch Sh. Amar Singh Sh. Nihal Singh, Village Village Bhogiwal Village Bardwal. Dhandra Sd/-
Shingara Singh Village Dhandra Civil Revision No. 3134 of 2009 3 Sd/-
Bhalvit Singh S/o Sh. Harmail Singh R/o Village Tohlewal Sd/-
Sikander Singh s/o Sh. Mewa Singh Nambardar Village Bhogiwal Sd/-
Sher Singh s/o Gurdial Singh of village Bardwal".
In the suit, it was stated that the plaintiff and his brothers have jointly obtained an electric motor connection of 3 BHP in the name of Shamsher Singh alias Sher Singh, vide account No. 8-J-85/AP, with the joint funds in the year 1978. The load of said connection was enhanced from 3BHP to 5 BHP and all the owners shared the expenses jointly. The disputed electric motor was being used by the plaintiff and other co- owners for irrigating their fields, according to their turn. But the electricity connection was got sanctioned from the Punjab State Electricity Board in the name of Shamsher Singh alias Sher Singh as he was the head of family. A writing was also executed that the electricity connection would belong to all the brothers. Grievance was made in the suit that Shamsher Singh alias Sher Singh had transferred the disputed electricity connection in the name of petitioner/defendant No.3. This led to filing of the suit. A prayer was also made that the petitioner be restrained from alienating the electric motor and connection in dispute.
Learned counsel for respondent no.1. has submitted that he will apply for a separate electricity connection and as and when the same is granted, the petitioner may continue to use the electric motor Civil Revision No. 3134 of 2009 4 which is claimed to be jointly owned by the parties.
This Court is of the view that the co-sharers having a common brotherhood, should live in harmony, amity and peace. The dispute has not arisen due to any malafide intention or ill-will on the part of any party to the suit, but due to acute shortage and scarcity in release of the electricity connections by the Punjab State Electricity Board.
A perusal of Annexure P6 reveals that earlier, parties to the suit had taken law in their own hands and the matter went to the police. To ward off law and order problem and maintenance of peace in future, a direction is issued to the Punjab State Electricity Board that in case respondent No.1 applies for a new electricity connection, the same be granted within a period of three months. Till the conclusion of the suit, the parties shall maintain status quo.
With the observations made above, the present revision petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge July 21, 2010 "DK"