G.S.AHLUWALIA
Parmal Singh (dead) through LRs – Appellant
Versus
Ghanshyam – Respondent
Based on the provided legal document, the key points are as follows:
The property in dispute is confirmed to be joint in nature, with no partition having taken place (!) (!) .
A co-sharer can only sell his share of the property; selling a specific portion without partition is not legally valid. The sale of a part of the property beyond the extent of his share is void unless partition has been effected (!) (!) .
The sale deeds executed by the defendant No. 1 in favor of defendant No. 2, and subsequently by defendant No. 2 in favor of defendant No. 3, are not void, provided that these sales were within the extent of defendant No. 1's share and no sale beyond his share was made (!) .
The courts have held that unless and until the property is partitioned, a co-sharer can only sell his share and cannot sell a specific piece of land. The actual determination of the specific land sold will occur only after partition (!) (!) .
The judgment directs that if the defendants file a suit for partition within three months, the purchasers will continue in possession of the land purchased until the partition is finalized. The exact portion of land to be allotted will be decided after partition (!) .
The findings and judgments of the lower courts, which concluded that the property remains joint and that the sale deeds are valid within the extent of defendant No. 1's share, are affirmed (!) (!) .
The legal principle emphasizes that, in the absence of partition, a co-sharer cannot alienate a specific piece of the property, only his share, and any sale beyond his share is void. However, in this case, there is no evidence that the defendant No. 1 sold beyond his share (!) .
The courts have also clarified that a purchaser of an undivided interest does not acquire possession of a specific part of the property until partition occurs; their right is to seek partition and obtain possession thereafter (!) (!) .
These points collectively clarify the legal stance regarding joint property, alienation rights of co-sharers, and the procedural approach to resolving disputes over such properties.
1. This second appeal under section 100 CPC has been filed against the judgment and decree dated 25.7.2001 passed by the First Additional District Judge, Morena in Civil Appeal No. 3A/2001, thereby dismissing the appeal filed by the appellants against the judgment and decree dated 22.12.2000 passed by the Civil Judge, Class I, Jaura, District Morena in Civil Suit No. 24A/1995.
2. The appeal has been admitted on the following substantial questions of law:
“1. Whether the impugned judgment is bad in law due to the conflicting findings as regards existence of joint property in paragraph 11 of the impugned judgment and as regards the family settlement in paragraph 14 thereof?
2. Whether the Court below is unjustified in upholding alienation of a specific part of the undivided property by one of the co-sharers?
3. The necessary facts for disposal of the present appeal in short are that the appellants/plaintiffs have filed a civil suit for declaration of title and permanent injunction pleading inter alia that survey No. 707 area 1 bigha 6 viswa, survey No. 165 area 1 bigha 12 Viswa situated in village Jaura, District Morena (shall be referred to as “disputed land”) is the joint p
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