Amarjit Kaur vs Harinder Singh - 2025 Supreme(P&H) 1033

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2025 Supreme(P&H) 1033

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Amarjit Kaur – Appellant
Versus
Harinder Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Jain, Sr. Advocate with Ms. S.P. Arora, Advocate and Mr. Himanshu Arora, Advocate
For the Respondent:Mr. Divanshu Jain, Advocate and Mr. Minkal Rawal, Advocate Mr. Akshit Pathania, Advocate for Mr. Vivek K. Thakur, Advocate

JUDGMENT :

Nidhi Gupta, J.

The plaintiff is in second appeal against the judgment and decree dated 03.04.2017 passed by the learned Additional District Judge, Amritsar, whereby the appeal of the respondents/defendants against the judgment and decree dated 04.10.2013 of the learned trial Court thereby decreeing the suit of the plaintiff, has been allowed.

2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant is the 'plaintiff'; and respondents are the 'defendants'.

3. Brief facts of the case are that the appellant/plaintiff had filed a suit for possession of 1/2 share by way of partition of Kothi Bearing No. 179, Khasra Nos. 2311/2285/1831 situated in Ajit Nagar O/s Sultanwind Gate, Amritsar as per Jamabandi for the year 2005-06; with consequential relief of permanent Injunction restraining the defendants from selling, mortgaging, gifting, alienating in any manner the suit property more than their share in it; and for recovery of mesne profit at the rate of Rs. 1,000/- per day for use and occupation of the share of the plaintiff by defendants from date of suit.

4. The following pedigree table will be helpful, in order to und