High Court of Punjab and Haryana, Chandigarh
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Inder Jit Singh v. Amarjit Singh & Ors - RSA-3331-2003  RD-P&H 1612 (10 March 2006)
R.S.A.No. 3331 of 2003
Date of decision: 17-03-2006
Inder Jit Singh ..... Appellant.
Amarjit Singh & others .....Respondents.
CORAM: HON'BLE MR.JUSTICE JASBIR SINGH.
PRESENT: Mr. B.S.Bhalla, Advocate, for the appellant.
Appellant-plaintiff filed suit for injunction with a prayer that the respondent-defendants be restrained from making any alteration by raising construction in the property, the description of which was given by him in his plaint. The suit was decreed. The respondents failed in appeal. This appeal has been filed by the plaintiff on the ground that the observation made by the Appellate Court below affects his right, the objected portion of judgment reads as under:-
"There is no denying a fact that the suit property is joint of the parties and no partition has so far been effected between them.
The possession of the premises, which have been let out by defendant No.1 to Bank of Punjab defendant No.3 will be R.S.A .No.3331 of 2003
treated to be that of defendant No.1 and the plaintiff has no right to dispossess defendant No.1 forcibly from the portion which is ` in possession of defendant No.1."
This court feels that once a finding has been given by both the Courts below that the property is joint and no partition has been effected between the parties, the observation referred to above, has no bearing so far as joint nature of the property, in dispute, is concerned. The said observation seems to have been made only to protect possession of the parties, subject to ultimate partition of the property.
In view of the clarification given above, no case is made out for interference. Dismissed.
March 17,2006 ( JASBIR SINGH)
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