VINOD K.SHARMA
Bijender Singh – Appellant
Versus
Chand Singh – Respondent
Vinod K. Sharma, J. (Oral) - Present revision petition is directed against the order passed by the learned Civil Judge (Junior Division), Rohtak allowing an application moved by the defendant-respondents under Order 7 Rule 11 of the Code of Civil Procedure (for short the Code).
2. Plaintiffs filed a suit seeking a decree for possession by way of partition and permanent injunction on the allegations that Manohar Lal son of Hazari was the absolute owner of the property in question which was earlier part of Rect. No. 36 Killa No. 17/1. He died on 1.7.1998 and his estate was inherited and succeeded by his sons and daughters. The petitioner claims that he inherited the said property to the extent of 1/28th share. Thus, all the co-sharers are in joint possession.
3. A suit was also filed claiming that Chand Singh defendant No. 1 illegally suffered a judgment and decree dated 21.8.1982 in a suit titled Chand Singh v. Manohar Lal on which basis he further transferred the suit property to defendant No. 4 vide registered sale deed No. 3245 dated 28.8.2003. It was further transferred to defendants No. 5 to 7 vide sale deed Nos. 2471 and 2472 both dated 3.6.2005. The plaintiffs have c
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