JAGMOHAN SINGH Vs. BALBIR SINGH AND ANOTHER

JUDGEMENT

(1.) The appellant-defendant is aggrieved of the decreetal of the suit for injunction restraining him or their agents from changing the nature of land in dispute by raising any kind of construction in any manner whatsoever on the valuable land in dispute measuring 5 kanals 2 marlas situated at Village Talwara HB No.602, Tehsil Mukerian comprised in Kh. No.4463/2707 (4 kanals 13 marlas), 4465/2707 (0 kanal 9 marals) as per Jamabandi for the year 1987-88 and shown in the site plan.

(2.) Mr. R.S. Malhotra, learned counsel appearing on behalf of the appellant-defendant submits that the suit for injunction against co-sharer is not maintainable. There was already a family settlement, whereby the property has been partitioned and the parties are in their respective possession and even acted the same by selling the land and therefore, injunction ought not to have been granted as the respondent-plaintiff had also sold the land and it was not objected to vice versa. There is a specific stand of the appellant-defendant in the written statement that the property was not joint, thus, urges this Court for setting aside the judgment and decree under challenge.

(3.) Mr. K.S. Kang, learned counsel appearing on behalf of the respondent-plaintiff submits that as per the ratio decidendi culled out by the Hon'ble Full Bench judgment of this Court in "Bhartu vs. Ram Sarup, 1981 PunLJ 204", and as well as, Division Bench of this Court rendered in "Bachan Singh vs. Swaran Singh, 2000 3 RCR(Civ) 70", a co-owner cannot change the nature of the land until and unless joint property is partitioned. The revenue record brought on record shows the joint 'khata', thus, urges this Court for affirming the findings under challenge.