MUKHTIAR SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) THIS is defendant's second appeal challenging the judgment and decrees of the Courts below whereby a preliminary decree of partition has been passed in favour of the plaintiff-respondents.

(2.) THE plaintiff-respondents had filed a suit for partition of abadi site as detailed in the plaint and also for permanent injunction restraining the defendant-appellant from raising any construction on the vacant site during the pendency of the suit. It was alleged that Gurdial Singh, father of the plaintiffs was the real brother of the appellant and they had jointly purchased the house in dispute along with vacant site from its previous owners in equal share vide sale deed dated 1.7.1977 and the parties are in joint possession of the suit property. After the death of Gurdial Singh, the plaintiffs had become owner of the half share of the plot in dispute. Defendant is in possession of more than his existing share and is further threatening to construct on more land than his share. Therefore, there is a dispute between the parties. Hence, the suit.

(3.) BOTH the parties led their respective evidence and the trial Court vide impugned judgment and decree dated 20.2.2006 passed a preliminary decree of partition of the suit property with costs and the defendant was restrained from raising any construction over the suit property till partition is effected.