HARNEK SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) Admittedly, the petitioner was a party to the partition proceedings which culminated in partition of the joint land belonging to many co -sharers. The matter with regard to partition had gone right upto the Apex Court but the petitioner had remained unsuccessful. The ground in regard to Sec. 53 -A of the Transfer of Property Act raised in a subsequent suit is not available to the petitioner particularly when the plea of the petitioner is that he has come in possession in pursuance to the agreement to purchase of share from one of the many co -sharers. In view of this plea, he cannot resist possession which is being sought to be taken as a result of the partition proceedings which concern all the co -sharers in the joint land. Accordingly, no case is made out for interference.