SARABJIT KAUR Vs. NATHA SINGH

JUDGEMENT

(1.) The plaintiffs are in revision petition aggrieved against the order passed by the Courts below whereby the Courts below have dismissed the application filed by the plaintiffs for restraining the defendants from forcibly dispossessing the plaintiffs.

(2.) It is the case of the plaintiffs that Parsin Kaur, defendant No.2 has executed a sale deed on 10.12.2004 in favour of defendant No.1 Natha Singh in respect of her 1/8th share in the suit property. It is alleged that the defendants want to forcibly dispossess the plaintiffs from the land jointly owned by the parties although the plaintiffs are in possession as a co-sharer of the suit land.

(3.) Learned Trial Court found that Surjeet Singh, whose estate defendant No.2 inherited and was sold in favour of defendant No.1 was not in exclusive possession of any portion of the suit property as is apparent from the copy of the Jamabandi for the year 1999-2000. It was found that since Parsin Kaur has sold her share, therefore, defendant No.1 has also come into joint possession along with other co-sharers. Learned first Appellate Court has dismissed the appeal finding no merit in the same.