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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Ram Singh – Appellant
Versus
Swaran Singh – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
The present Regular Second Appeal has been preferred by defendants No.3, 5 and 6 against the concurrent findings recorded by both the Courts below. The suit filed by the plaintiffs (respondents No.1 to 6 herein) seeking declaration regarding the suit property along with a decree of permanent injunction was decreed by the learned Sub Judge 1st Class, Ludhiana vide judgment & decree dated 29.09.1995. The appeal preferred by defendants No.3, 5 and 6 (appellants herein) was dismissed by the learned Additional District Judge, Ludhiana on 11.09.1999, thereby affirming the findings recorded by the trial Court.
2. For the sake of convenience and to avoid confusion, the parties shall be referred to according to their status before the trial Court. The record of the trial Court has been summoned and perused.
3. The dispute relates to land measuring 4 Biswa 11 Biswansi (91/1600 share) out of total land measuring 4 Bigha comprised in Khasra No.141, Khata No.253/302, as reflected in the Jamabandi for the year 1987- 88, situated in village Three ke, Tehsil Ludhiana (hereinafter referred to as the suit property), which is claimed by the plaintiffs to be passage left for ap
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
The court reaffirmed that a sale deed executed for family and legal necessity by a joint family member is binding, barring challenge by family members after significant delay without sufficient cause....
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
An alienation of joint family property by the Karta is void ab initio in absence of legal necessity, necessitating partition among all co-sharers.
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