RSA No.4820 of 2012 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.4820 of 2012 (O&M)

Date of decision:06.09.2013

Gurbachan Singh

....Appellant

Versus

Jasbir Kaur and others

....Respondents

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

Present:- Mr. S.N.Gaur, Advocate

for the appellant.

RAKESH KUMAR GARG, J (ORAL)

Admittedly in an earlier litigation i.e. judgment and decree

dated 24.09.1998 (Ex. P-5) passed by Sh. M.C. Mehra the then Addl.

Civil Judge (Senior Division), Kurukshetra, which was affirmed vide

judgment and decree dated 04.12.2002 (Ex. P-7) by Sh. Subhash

Goyal the then First Appellate Court, with slight modification, all the

three co-sharers namely Gurbachan Singh (Defendant No.1),

Gurnam Singh (Predecessor-in-interest of Plaintiffs) and Gurcharan

Singh (Defendant No.2) were held to be co-sharers in possession of

the house in dispute holding further that they were entitled to

separate possession over portions in their respective possession to

the extent of 1/3^rd each till the suit property was partitioned by way of

suit partition. Appeal against the said decree was also dismissed by

this Court.

In view of the aforesaid defend