KARAM SINGH Vs. NAZIR SINGH

JUDGEMENT

(1.) The plaintiff filed a suit for declaration and joint possession which was decreed. The defendants have come up in second appeal and prayed for suspension of the execution.

(2.) The plaintiffs are only entitled to actual physical possession by getting the property partitioned under the provisions of Section 111 of the Punjab Land Revenue Act. Pursuant to the decree under challenge they are only entitled to constructive possession and not actual physical possession. Till they obtain constructive possession, they cannot file application for partition.

(3.) Under these circumstances, I find no ground to maintain the ad interim stay order. The same is vacated with the observations that the plaintiffs will only be entitled to symbolic possession from the civil Court and actual possession by partition under the provisions of Section 111 of the Punjab Land Revenue Act through the revenue officer.