GURSHARAN SINGH Vs. BHUPINDER KAUR

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India has been directed against order dated 15.12.2006 passed by the learned Additional Civil Judge (Senior Division), Phillaur dismissing an application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure and order dated 16.7.2008 passed by the learned Additional District Judge, Jalandhar vide which the appeal filed by the petitioner-plaintiff has been ordered to be dismissed.

(2.) THE petitioner-plaintiff has filed a suit for partition on the basis of entry in jamabandi showing that the petitioner and the defendants are co- sharers of the property in dispute. The defendants are said to have purchased the said property by way of registered sale deed and possession of the property was handed over to respondents Nos. 8 and 9. After they were put in possession of the property in pursuance to purchase, they have raised construction on the said property. After the possession taken, when the defendants tried to raise construction, the petitioner-plaintiff filed the present case. In the written statement, specific plea was taken that the plaintiff has already raised construction on the joint property and that factum was not disputed by the plaintiff by filing a rejoinder. The learned Lower Appellate Court in view of the facts and circumstances brought on record, passed the following order :-

(3.) AS observed above, in the present case, the learned Courts below have noticed the fact that once the petitioner has himself raised the construction on the joint property, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed. The order passed does not suffer from any illegality. No interference is called for. Dismissed. Petition dismissed.