CHHOTA SINGH Vs. JAGRAJ SINGH

JUDGEMENT

(1.) THE plaintiff-appellant is in second appeal before this Court having remained unsuccessful in both the Courts below.

(2.) CHHOTA Singh ? plaintiff filed a suit for permanent injunction against the defendants to restrain them from alienating the land more than their share in the suit land which was stated to be a joint holding. The trial Court dismissed the suit vide judgment dated 30.8.2010 and even the civil appeal preferred by the plaintiff-appellant has been dismissed by the Additional District Judge, Mansa vide judgment dated 24.10.2011.

(3.) ADMITTEDLY, the suit property is joint amongst the parties as well as with other co-sharers. A sale by a co-sharer out of the joint holding would amount to a sale, as regards the share of the co-sharer is concerned, even though, specific khasra numbers may be mentioned. As such, any sale made by the defendants out of the joint holding would amount to a sale of their share only. The Courts below while declining the relief of permanent injunction have taken note of the fact that the plaintiff-appellant himself had alienated the land out of the joint holding in terms of mentioning specific khasra numbers. That apart, as per settled law, no injunction could have been granted to the appellant, as against a co-sharer in respect of the joint holding. I find no infirmity in the impugned judgments and decrees passed by the Courts below and this Court would also be in agreement with the observations made by the lower Appellate Court to the effect that the remedy with the appellant in the capacity of a co-sharer was to seek partition of the suit land.