SABO THE FUELS PRIVATE LIMITED Vs. JATINDER SINGH

JUDGEMENT

(1.) In this regular second appeal, the defendants' assail the correctness of concurrent findings of the fact arrived at by the Courts below while passing preliminary decree for partition of joint property measuring 22 kanals 0 marla.

(2.) Plaintiffs filed a suit for possession by way of partition claiming that they are co-sharers alongwith the defendants. The defendants No.1, 11, 12, 22 to 24 contested the suit. The defendant No.1 claimed that he has purchased specific portion of the suit property through various registered sale deeds and therefore, he is not the co-owner.

(3.) Upon appreciation of evidence, both the Courts below have come to the conclusion that the sale deed executed in favour of the defendant No.1 result in purchasing a share in the undivided land. It has been found that the defendant No.1 purchased the property from a coowner. Hence, the sale of land by referring to specific khasra number would result in purchasing share in the joint land. It has also been found that out of joint property 22 kanals is a non-agricultural land, whereas, 55 kanals 05 marlas is an agricultural land.