SARWAN SINGH AND OTHERS Vs. PURAN SINGH

JUDGEMENT

(1.) It is always open to a co-sharer to sell his share in the property to anyone he likes. However, where cultivating possession of a particular piece of joint suit land is of long duration without any let or hindrance and possession is settled and exclusive by consent of the other co-sharers subject to division of property by partition then a co-sharer can always sell property to the extent of his share but he cannot sell specific khasra numbers and create unnecessary complications over the settled and exclusive cultivating possession of an unsuspecting co-sharer over the land claimed for the time being as that would disturb the equilibrium and potentially lead to mischief on the land at the hands of an outsider purchasing a share. This is what the courts below have wisely avoided by issuing an injunction against the defendant forbearing him not to disturb the peace by maintaining the status quo. It is settled position in law that when khasra numbers are mentioned in a sale deed executed by a co-sharer in favour of third parties they are not to be read or enforced in law till a division takes place although the right to sell is inherent in joint ownership to the extent of vendor's share in common property. The buyer who is an outsider purchases the property with open eyes and he can exert his right to cultivation on a particular parcel of agricultural land by partition of property. This is how the law works. He can, however, claim a right to produce of the land to the extent of his share in the whole landholding by apportionment or by rendition of accounts. But he cannot insist on tilling the land under his plough without the consent of the co-sharers till such time the land is divided between the joint owners in cases where exclusive settled possession is established by evidence.

(2.) It is then argued by the learned counsel that an oral family partition took place in the year 1982 but was not given effect to in the revenue record. If it is not entered in revenue record then separate khasra numbers of each of the co-sharers would not a fortiori be described in revenue papers and this is all the more reason why an inducted vendee stepping into the shoes of the outgoing co-sharer, or partially outgoing co-sharer in joint khata should not be permitted to sell his share with description of khasra numbers in the sale deed.

(3.) Indisputably, the property is in joint ownership without partition having been effected so far and therefore an injunction can well be issued against an incoming co-sharer not to disturb possession of the others except in accordance with law. In the farmer's world the harrow, spade and plough rule the roost. He who sows is the one who reaps.