SURINDER SINGH Vs. HARVINDER SINGH

JUDGEMENT

(1.) Petitioner has assailed the order dated 19.07.2017 passed by Civil Judge (Junior Division), Budhlada, District Mansa, whereby application under Order 7, Rule 11 CPC moved by petitioner/defendant No. 1 for rejection of plaint was declined.

(2.) Plaintiff filed a suit for joint possession on the ground that he is owner of a defined share in the total land. Will and sale deeds were also sought to be annulled. Plaintiff being son of Avtar Singh claimed his title after the death of Avtar Singh on 07.11.2002.

(3.) In case of co-sharers in the joint land, every co-sharer would be deemed to be in possession of every inch of land till the same is partitioned by metes and bounds. Even if the land is sold by specific khasra number out of joint land, the same shall amount to sale of share only in view of ratio as laid down in Bhartu v. Ram Sarup, 1981 PLJ 204. Since the plaintiff claimed himself to be a co-sharer of a defined share and the land has not been partitioned, therefore, he would also be presumed to be in joint possession of every inch of land till partition. The present case falls under principle No. 2 of the law laid down by the Hon'ble apex in Suhrid Singh @ Sardoolsingh v. Randhir Singh and others, 2010(2) RCR (Civil) 564 i.e. non-executant in possession is only required to affix Court fee of Rs. 19.50 in view of Article 17(iii) of Second Schedule of the Act.