HARBANS LAL Vs. GURDEV SINGH

JUDGEMENT

(1.) DEFENDANT is in second appeal in a suit filed for permanent injunction by the plaintiff for restraining him from transferring, by way of Will or otherwise, an area more than his share and specific khasra numbers of land measuring 3 kanals 13 marlas.

(2.) CASE set up by the plaintiff is that he is the owner of 1/8th share and defendant is owner in joint possession to the extent of 1/2 share of land measuring 3 kanals 13 marlas comprised in khewat No. 2264, khatauni No. 9886, khasra No. 276 min (2-13); khatauni No. 9887, khasra No. 276 min (0-10); khatauni No. 9889, khasra No. 276 min (0-5) and khatauni No. 9890 khasra No. 276 min (0-5), situated within the revenue limits of Bathinda as per jamabandi for the year 1997-98.

(3.) IN the written statement, the defendant/appellant has alleged that he is owner in exclusive possession of the suit land for more than 30 years and has constructed a boundary wall as it fell to his share in an oral partition, which took place between him and father of the plaintiff, although oral partition was not incorporated in the revenue record.