BABU RAM Vs. HARJIT KAUR

JUDGEMENT

(1.) The facts leadings to this revision petition as stated at the Bar, are that defendant Nos. 1 to 3 had filed an application before the Assistant Collector II Grade for partition of the joint land measuring 45 Kanals 15 Marlas. On 9th June, 1983 order for partition was made and on 9th August, 1983 possession was delivered to the co-sharers of their respective portions. Mutation in respect of that partition was sanctioned on 13th March, 1984. On 9th April, 1984 plaintiff Nos. 2 to 5 purchased some land from plaintiff No. 1 Krishan Kumar, who was one of the co-sharers in the joint land. The plaintiffs filed this suit on 27th April, 1983 for permanent injunction for restraining the defendants from making any addition or alteration by raising any sort of construction on the joint land measuring 45 Kanals 15 Marlas. In this suit they had challenged the partition proceedings on the ground of fraud etc., and have averred that the order of partition was bad in the eye of law.