A.N. JINDAL, J. - Gurbir Singh, the legal representative of Dalbir Singh and Satpal Singh, plaintiffs have alleged that plaintiff No.2 along with defendants No.3 to 7, are the owners in possession of the land measuring 61 kanals 3 marlas, as fully detailed in the head-note of the plaint and also sought perpetual injunction restraining the defendants/respondents (herein referred as the defendants) from dispossessing them from the suit land. They also challenged the order of partition passed by Assistant Collector First Grade, Batala dated 14.3.2006 passed under the orders of Commissioner Jalandhar Division, Jalandhar dated 20.10.2003.

2. The defendants contested the suit stating that there was no family partition earlier. Alleged memo of partition dated 22.1.1955 was neither executed nor acted upon. The same being illegal, ultra vires, null and void, is inoperative, ineffective qua their rights. No mutation was sanctioned on the basis of alleged memo of partition. Mutation No.1002 was sanctioned much prior to the memo of partition i.e. in the year 1954. After sanctioning the mutation, Avtar Singh sold 19 kanals 1 marlas of land during his life time in favour of Kulwant Sing