LAWS(P&H)-2012-7-6

JASBIR SINGH Vs. HARBHAJAN KAUR

Decided On July 02, 2012
JASBIR SINGH Appellant
V/S
HARBHAJAN KAUR Respondents

JUDGEMENT

(1.) JASBIR Singh-defendant No.1 has invoked jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 25.03.2011 Annexure P-5 passed by learned Additional Civil Judge (Senior Division), Jalandhar and judgment dated 03.08.2011 Annexure P-6 passed by learned District Judge, Jalandhar thereby restraining defendant No.1-petitioner by temporary injunction from alienating the suit property except his 1/48th share during pendency of the suit.

(2.) THE litigation is among family members. Defendant No.1- petitioner is son of Natha Singh. Respondents No.1 and 2/plaintiffs are widow and daughter respectively of Natha Singh whereas defendant No.2/respondent No.3 Rajinder Kaur is daughter respectively of Natha Singh. Natha Singh by way of registered deed transferred the suit land to defendant No.1-petitioner. Said transfer has been challenged in the suit and plaintiffs have claimed share in the suit land on the basis of natural inheritance. It has been alleged that the suit land was ancestral coparcenary property. During pendency of the suit, plaintiffs sought temporary injunction restraining defendant No.1 from alienating the suit land. Defendant No.2 also claimed similar relief.

(3.) I have heard learned counsel for the parties and perused the case file.