Agri. service
mahesan
(Querist) 15 June 2013
This query is : Resolved
A and b brothers and they have equal rights common well. both are used one EB agri. service connection in their term days. Now A is try to erect new motor without consent of B and they try to use same service for new motor. B object the same and he ready to use above service and motor as per deed. property situated at Tamilnadu, A filed suit against B with relief of permane injunction against the B and B is not to interfere to installation of new motor and bailout water from well in his term days. My doubt is prayer is correct? Civil court have jurisdiction before installation of new motor in common well? answer urgent Pls.
Adv Archana Deshmukh
(Expert) 15 June 2013
If A is drawing water as per agreed during his term days only then, he cannot be restrained from installing new motor. If B is obstructing him, he can be restrained by an injunction.
Dr. Jyothi Vishwanath
(Expert) 18 June 2013
was there any oral agreement between brothers about what is meant by equal rights.
mahesan
(Querist) 22 June 2013
equal rights means bailout the water from the well, A entitled 3/6 days and B entitled 3/6 days with same connection and same motor as per partition deed
prabhakar singh
(Expert) 22 June 2013
Civil court does have power to grant injunctions but on three established principles.
It CAN NOT grant injunction in cases where award of damages would compensate the wrong.
