HARBHAJAN SINGH Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) Present revision petition has been filed against the order passed by the learned courts below for restraining the petitioners from alienating and changing the nature of the land which is in possession of the plaintiffs as per compromise dated 12.12.1999.

(2.) The contention of the learned counsel for the petitioners is that the respondent-plaintiffs in their application moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure had prayed as under:

(3.) Learned counsel for the petitioners states that in reply to the said application they have taken a positive stand that they are not going to alienate any specific Khasra number or change the nature of the land. In spite of the said reply the orders have been passed which go beyond the relief claimed and otherwise contrary to law. A co-sharer cannot be stopped from alienating his share in the property though he is not entitled to dispose of any specific khasra