JASPAL KAUR Vs. HARBANS SINNGH

JUDGEMENT

(1.) By this petition, the petitioners challenge the orders passed by the learned trial court (Civil Judge, Jr. Divn., Roopnagar), and the appellate court (Additional District Judge, Roopnagar), dated 31.05.2019 and 05.12.2019 respectively, by which the application filed by respondent nos.1 to 5 herein (plaintiffs in the suit instituted by them), under the provisions of Order 39 Rules 1 and 2 of the CPC, has been allowed.

(2.) The suit is one instituted by the said respondents herein seeking separate possession of the suit property by way of a partition thereof, the contention being that the respondent-plaintiffs, the petitioners and the other defendants in the suit (including the proforma defendant) are all co-sharers in the suit property, which is Ghair Mumkin in nature, i.e. it is for residential use, it having devolved upon the parties from their immediate ancestors, who too were joint owners thereof (those three immediate 'ancestors' being Hardiyal Singh, Gurdiyal Singh and Mani Singh).

(3.) Even as per the case of the present petitioners, as is not denied by Mr. Lath, learned counsel appearing for them, the joint nature of the property is not in dispute, as is duly reflected in the Jamabandi for the year 2015-16 (copy Annexure P-5 with the petition).