MANPREET KAUR Vs. SMT. PARMINDER KAUR AND OTHERS

JUDGEMENT

(1.) Defendant No.1 is in second appeal against the concurrent judgments and decrees passed by the Courts below in a suit for separate possession and permanent injunction.

(2.) Plaintiff No.1 is the mother of plaintiffs No. 2 and 3 and she has no adverse interest to the interests of the minors. Husband of the plaintiff No.1 Navdeep Singh died on 02.12.2000, who had purchased a plot measuring 20 x 65 square feet on 13.03.1991 and also purchased plot measuring 10 Marlas. He was also owner of 4000 square feet being 1/3rd share of total 12000 square feet comprised in Killa No.13M/2Min (2-4) along with other co-sharers i.e. defendants No.2 and 3 in village Azimgarh. He was also owner of 10 Marlas of land being 10/125 share of total land measuring 6 Kanals 5 Marlas. After the death of Navdeep Singh, plaintiffs inherited the shares in the aforesaid properties.

(3.) Plaintiffs alleged that they are residing in the house detailed in the headnote of the plaint. Defendant No.1 Manpreet Kaur along with her husband is also residing in the said house. After the death of Navdeep Singh, nothing was given to the plaintiffs and they were constrained to file a civil suit titled Shania Vs. Ajit Singh on 06.03.2002 in the Civil Court at Abohar and thereafter defendants started threatening the plaintiffs with dire consequences which prompted the plaintiffs to file suit for separate possession as they did not want to be in joint possession with the defendants as the defendants had threatened them to alienate more than their share in respect of specific portion without partition. Hence the suit came to be filed.