AVTAR SINGH Vs. GEETA RANI

JUDGEMENT

(1.) Appellant-defendant No.1 is aggrieved of the concurrent findings of facts and law arrived at by the trial Court and affirmed by the Lower Appellate Court in a suit preferred by the respondent-plaintiffs seeking declaration and permanent injunction conferring the status of co-sharers in joint possession and without seeking partition, restrained the parties to alienate, mortgage and raise construction.

(2.) The plaintiffs stated to have purchased the property from the previous co-owner but alleged that mutation in lieu thereof had not been sanctioned as the sale deeds (Ex.P1 to Ex.P4) carried a presumption of truth. Due to some entries in the revenue record, defendants intended to alienate and change the nature of the land, despite repeated request, did not stop, gave a cause of action to institute the aforementioned suit.

(3.) Appellant-defendant no.1 opposed the suit regarding maintainability, locus-standi, mis-joinder and non-joinder of necessary parties. The defendant being owner was in possession of the suit property purchased by him and had right to use the same in any manner. Other defendants also raised the similar objections.