A co-sharer in a joint holding cannot claim exclusive ownership to a portion transferred without partition, as established by relevant legal provisions and precedents.

AVNEESH JHINGAN, J.

1. The present regular second appeal is at behest of the plaintiff being aggrieved of dismissal of suit seeking permanent injunction.

2. For the sake of convenience the parties are being referred as per their original position in the suit.

3. The suit for permanent injunction was filed by the plaintiff to the fact that plaintiff along with his brother Shinder Singh and Balwinder Singh, are owner in exclusive possession of land as detailed in the suit and are getting benefit of cultivation of the same, as per possession and cultivation.

4. The facts as averred by the plaintiff are that he is in exclusive possession of the land as detailed in the suit. The said land was purchased by the plaintiff and his brother with specific khasra number from Balwinder Singh and Mutation Nos. 1256 and 1293 were sanctioned. It was further averred that from the date of purchase of the suit land plaintiff along with his brother is in exclusive possession and khasra girdawaris are in their favour. It was further averred that the defendants have no concern with the said land but they in-connivance with each other are forcibly dispossessing the plaintiff, which has forced him to file the suit.

5. On notice defendants filed written statement and took various objections. Replication was filed to the written statement reiterating the version in the suit.

6. The trial Court vide order dated 13.12.2011, framed the following issues:

(i)Whether the plaintiff is entitled to permanent injunction as prayed for? OPP

(ii)Whether the plaintiff has no cause of action and locus-standi to file the present suit? OPD

(iii)Whether plaintiff is estopped from his own act and conduct from filing the present suit? OPD

(iv)Whether suit of the plaintiff is not maintainable? OPD

(v) Relief.

7. In order to support his case, the plaintiff himself stepped into the witness box as PW1 and Rajinder Singh Member Panchayat was examined as PW2 and Balwinder Singh deposed as PW3. Jamabandis for the year 2006-07 and Khasra girdawaris for the year 2010-11 were produced as Ex.P1 to Ex.P3.

8. For the defendants, Rajinder Singh-defendant himself stepped into the witness box as DW1, Gurnam Singh was examined as DW2 and order of Assistant Collector Grade-II was produced as Mark-A and copy of Khasra girdawari as Ex.D1.

9. Learned trial Court after considering the witnesses and evidence and after appreciating the facts of the case, dismissed the suit vide judgment and decree dated 3.1.2013.

10. Aggrieved of the said judgment and decree, the plaintiff preferred first appeal. The First Appellate Court, vide its judgment and decree dated 29.8.2014 dismissed the appeal and upheld the judgment and decree passed by the learned trial Court.

11. The Regular second appeal has been filed being aggrieved of the judgments and decrees passed by the learned Lower Courts. In the present appeal four questions of law were framed which are reproduced as below:

''(a) Whether the entries of revenue record regarding khasra girdawaries can be taken as proof of possession?

(b) Whether the sanctioning of mutation without there being transfer of the possession can be permissible under law?

(c) Whether a co-sharer can maintain suit for permanent injunction to protect his cultivating possession of specific khasra numbers out of joint khewat?

(d) Whether the judgments and decrees of Ld.both the courts below are result of misreading of evidence on record?''

12. Learned counsel for the plaintiff instead of addressing arguments on the questions, raised the issue that once the plaintiff had purchased the land with specific khasra number and same was earlier in possession of the vendor and was now in possession of the vendee (plaintiff), in such circumstance, the Courts below erred in dismissing the suit. The contention raised by learned counsel for the plaintiff are that it has been proved on record that the plaintiff along with his brother purchased the land from Balwinder Singh with specific Khasra numbers, which