DES RAJ Vs. SURINDER

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 2.8.1999 passed by Additional District Judge, Amritsar, who reversed the order dated 28.10.1997 passed by Additional Civil Judge (Senior Division), Ajnala, and dismissed the application of the petitioner (plaintiff in the trial Court) under Order 39 Rules 1 and 2 C.P.C.

(2.) DES Raj petitioner-plaintiff filed a suit for permanent injunction restraining the defendant Smt. Surinder from selling, mortgaging, transferring or alienating in any manner the suit land measuring 7 marlas fully described in the head-note of the plaint and also made a prayer that during the pendency of the suit, the defendant be restrained from alienating any portion of the suit property. The case set up by the plaintiff was that this property belonged to Ganda Mal, who had four sons namely Des Raj, Babu Ram, Piara Ram and Amolak Ram. Defendant Smt. Surinder is the daughter-in-law of Piara Ram. Admittedly, the parties are co-sharers. The learned trial Court vide order dated 28.10.1997 and for the reasons given in plot No. 5 of the order allowed the application of the plaintiff by holding that plaintiff was a co-sharer in the suit land and, therefore, he had got every right, title and interest in the suit land. The defendant is also a co-sharer and, therefore, she could not transfer, by any means, specific portion and more than her share out of the suit land. Resultantly, the application under Order 39 Rules 1 and 2 C.P.C. was granted.

(3.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case. Before I deal with the submissions raised by the learned counsel for the parties, it will be appropriate for me to incorporate para No. 4 of the impugned order dated 2.8.1999 in order to appreciate the contentions of the parties, which reads as under :-