PREM Vs. RAM CHAND

JUDGEMENT

(1.) By this appeal, the appellants challenge the judgments and decrees issued by the learned courts below, by which the suit filed by respondents no. 1 to 3 herein has been allowed and a decree granting them perpetual injunction against the appellants (defendants in the suit) has been passed, restraining them from interfering in the possession of the plaintiffs over specific portions of land measuring 1 'Kanal' 3 'Marla' 3 'Sarsai', comprised in 'Khewat' no. 424 and 429, 'Khatoni' no. 463, situated at village Rajapur, Tehsil & District, Panipat.

(2.) Learned counsel for the appellant at the outset points to the respondents-plaintiffs own case as narrated in paragraph 2 of the judgment of the learned trial Court, whereby the parties are admitted to be co-sharers in a joint 'Khewat' bearing nos. 424 and 429 in 'Khatoni' no. 463; and consequently he submits that no decree of perpetual injunction can be issued in favour of one cosharer against another.

(3.) In support of his contention, he relies upon a judgment of a co-ordinate Bench of this Court in Jangir Singh vs. Naranjan Singh and others, 2015 1 RCR(Civ) 149, in which it was held as follows:-