SOHAN SINGH SANGHERA Vs. JASMAIL SINGH SANGHERA

JUDGEMENT

(1.) Through the present petition under Article 227 of the Constitution of India, the petitioner has invoked the jurisdiction of this Court to challenge the order dtd. 15/7/2016 (Annexure P-6) passed by learned Court below, whereby, an application under Order 6 Rule 17 CPC filed by the petitioner and respondent No.4, was dismissed.

(2.) The facts, as culled out from the paperbook are that, initially, the petitioner along with co-plaintiffs, who are proforma respondents, in the present revision petition, had filed a suit for seeking declaration to the effect that plaintiffs along with defendants No.1 and 3 are joint owners in joint possession of the land, as detailed in the head note of the plaint and also sought declaration thereby, challenging the legality and validity of the sale deed dtd. 24/5/2012, executed by defendant No.1, being attorney of Lashkar Singh, in favour of defendant No.2 (his wife) and also plaintiffs, sought relief of permanent injunction to restrain the defendants from alienating, selling, transferring, mortgaging or creating any kind of charge or dispossessing the plaintiffs from the suit property.

(3.) When the case was at the stage of rebuttal evidence, an application under Order 6 Rule 17 CPC was filed, on the basis whereof, the petitioner (one of the plaintiffs) wanted to seek joint possession as coowner/co-parceners, after declaring plaintiffs No.1 to 4, as co-owners and co-parceners to the extent of specified share of 1/6th each, besides defendants No.1 and 3, to be also co-owners, to the extent of 1/6th share of the land in question.