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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
B.S.WALIA
Harish Kaur – Appellant
Versus
Navdeep Singh – Respondent
JUDGMENT
B.S.Walia, J. (Oral)
1. Petitioners have challenged judgment dated 04.09.2017 Annexure P-3 passed by the learned Addl. District Judge, Shaheed Bhagat Singh Nagar, whereby order dated 25.05.2017 Annexure P-2 passed by the learned Addl. Civil Judge(Sr. Div) Shaheed Bhagat Singh Nagar, dismissing the application under Order 39 Rules 1 and 2, CPC was set aside.
2. Brief facts of the case leading to the filing of the instant revision petition are that the respondent-plaintiff filed a civil suit on 27.03.2017 on the ground that he was one of the co-sharers and sought permanent injunction for restraining the petitioners-defendants from taking actual, physical and exclusive possession of a specific portion of the land. Respondent-plaintiff also filed an application under Order 39 Rules 1 and 2, CPC, which was declined by the learned Addl. Civil Judge (Senior Division) SBS Nagar, vide order dated 25.05.2017. Aggrieved, the respondent-plaintiff filed an appeal which as has been noticed above was allowed by the learned Additional District Judge, SBS Nagar, vide order dated 04.09.2017 i.e. Annexure P-3, by taking note of the fact that the defendant/petitioner No.1 Harish Kaur purchased t
The main legal point established is that in a suit for partition, the property belonging to one co-sharer shall be deemed to be held by that co-sharer on behalf of the other co-sharers, and the suit ....
The court upheld the validity of prior partition proceedings and the rightful possession of the plaintiff, confirming injunction against the appellant's interference.
Co-sharers have the right to alienate their share in joint land, and the plaintiff cannot restrain them from doing so.
Co-owners cannot seek injunction against each other without proof of exclusive possession or detrimental acts; mere construction does not constitute ouster.
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