GURNAM KAUR Vs. JASWANT SINGH

JUDGEMENT

(1.) THE Petitioner basing her claim on an oral family partition, filed a suit for declaration to the effect that she was owner of 5/36 share of the agricultural land measuring 476 kenals 12 Marias and entitled to get her name incorporated in the revenue record accordingly.

(2.) ALONG with the plaint, an application seeking temporary injunction against the Respondent her brother, restraining him from alienating or creating any encumbrance over the land in question, was also filed. The application was dismissed by the trial Court on September 19, 1990 by holding that the Petitioner had not been able to make out a prima facie case for grant of temporary injunction. Appeal preferred against that order did not meet with success. Hence, the present revision petition.

(3.) THE husband of the Petitioner also filed a suit which is pending disposal. In that suit, her husband had claimed ownership rights in the land in dispute on the ground that the Respondent was only a benamidar and he was the real owner. In the alternative, it was averred that he was the owner by adverse possession. The injunction application moved by the husband of the Petitioner failed upto the High Court.