JEEVAN SINGH Vs. ISHWAR SINGH

JUDGEMENT

(1.) Having heard learned Counsel of the appellants/defendants and respondents/plaintiffs, it transpires that the property bearing Khasra No. 674M, Cantt. Board No. 477 is situated in the total area of 0.115 hectare. Both parties are the lineage of the common grandfather. A partition suit was instituted by the plaintiff Ishwar Singh claiming one half share in the property along with proforma defendant no. 5 and remaining one half was accepted to be of defendants no. 1 to 4. Joint written statement was filed by the defendants no. 1 to 3, while defendant no. 4 Smt. Pushpa Devi filed her separate written statement. Smt. Pushpa Devi also sought an injunction against the plaintiff as a counter claim asking to restrain the plaintiff from interfering in her possession over the property in question.

(2.) The learned Civil Judge accepted the share of all parties as have been pleaded by the plaintiff, but at the same time rejected the counter-claim regarding the prayer of injunction sought by Smt. Pushpa Devi.

(3.) All the defendants no. 1 to 4 filed a composite appeal against the judgment of the trial court challenging the preliminary decree regarding the determination of the shares settled by the Civil Judge as also the refusal of injunction. Appeal was dismissed with costs. So, all the defendants are before this Court in this second appeal.