DILJINDER SINGH Vs. CHANDAN RAM

JUDGEMENT

(1.) Petitioner is the defendant in the original suit. Respondents-plaintiffs filed suit for permanent injunction seeking decree of restrain against the defendant and his agents, servants from interfering or dispossessing the plaintiffs from land described in the head note of the plaint admeasuring 111 bighas 18 biswas situated at village Passiana, Teshil and District Patiala in any manner except by way of partition.

(2.) It was claimed by the plaintiffs that the suit land is a joint land. Defendant claims to have purchased a share thereof admeasuring 28 bighas 1 1/2 biswas vide sale deed dtd. 4/7/2002. On the strength of the said sale deed, the defendant-petitioner intends to dispossess the plaintiffs. Alongwith plaint, plaintiffs filed application under Order 39 Rule 1 and 2 seeking interim injunction. The suit is being contested by the defendant. Defendant asserted that he purchased part of the suit land vide sale deed dtd. 4/7/2002. He being co-sharer in joint possession of the suit land, simple suit for permanent injunction by a co-sharer against the co-sharer is not maintainable.

(3.) Trial Court vide order dtd. 12/12/2022 allowed the application filed by the plaintiffs restraining defendants from dispossessing the plaintiffs from the suit land except in accordance with law.