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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Sarwan Kumar – Appellant
Versus
Parkash Chand – Respondent
JUDGMENT :
NIDHI GUPTA, J.
RS A-2593-2014 (O& M)
Present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below; whereby Civil Suit No. 94 dated 16.08.2003 filed by the appellant for declaration with consequential relief of permanent injunction, has been dismissed by both Courts below.
RS A-3564-2019 (O& M)
Present second appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below; whereby Civil Suit No. 568 dated 08.06.2011 filed by the appellant for permanent injunction, has been dismissed by both the Courts below.
2. Both the above said appeals are being disposed of by this common judgment as both are in respect of the same suit land; between the same parties; and facts and issues involved in both the appeals are identical. Vide order dated 25.07.2019, Predecessor Bench of this Court had directed in RSA-3564-2019 that both the appeals be heard together. For the sake of facility, facts are being drawn from RSA-2593-2014 as “Sarwan Kumar vs. Parkash Chand and another.”
3. The facts as pleaded by the appellant in the plaint was that the suit property measuring 206 sq.yds. wa
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
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....
The sale deed executed without legal necessity and consideration does not bind the joint family properties, affirming the plaintiffs' entitlement to a share.
Multiplicity of proceedings is also one of the weighty considerations and becomes part of facet of balance of convenience, for, if the disputed property is allowed to be transferred from one hand to ....
A co-owner can validly sell their share in joint properties, and the sale deed cannot be declared void if it is within the extent of the seller's interest.
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....
Co-owner not party to sale deed need not cancel it to claim partition of undivided share in joint family property.
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