R.L.Anand, J.

1. Defendant Ajit Singh has filed the present appeal, which has been directed against the judgment and decree dated 14.8.1991 passed by the Court of Additional District Judge, Kapurthala, vide which the said learned Court accepted the appeal and set aside the judgment and decree dated 30.8.1988 passed by the Court of Shri K.L. Chopra, Sub Judge Ist Class, Phagwara (trial Court) and decreed the suit of the plaintiffs-respondents by giving them a declaration that they are the owners in joint possession to the extent of 2/3rd share in the property measuring 68 Kanals 7 Marlas as described in the head note of the plaint. The first appellate Court, however, dismissed the suit of the plaintiffs regarding the perpetual injunction. However, defendant No. 2 Ajit Singh was restrained from alienating the property which he purchased from Smt. Bhago defendant No. 1 more than her share. The first appellate Court also made the observation that Ajit Singh appellant is at liberty to alienate one-third share of the property in dispute which he purchased from Smt. Bhago because Smt. Bhago was held to be the owner of the suit land to the extent of one third share only.

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