Gagandeep Kaur And ORS v. Mohinder Singh And ORS

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2548 of 2021 Date of Decision: 01.11.2021 Gagandeep Kaur and Others ... Petitioner(s)

Versus

Mohinder Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Dinesh Nagar, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

The plaintiffs are the petitioners herein. They assail the correctness of the order passed by the District Judge, Hoshiarpur, while accepting the Civil Miscellaneous Appeal against the order passed by the trial Court. The District Judge has vacated the interim order passed by the trial Court in exercise of the powers under Order XXXIX Rule 1 and 2 CPC. Admittedly, the petitioner No.1 (Gagandeep Kaur) has purchased some part of the joint property from Ram Singh and Malkiat Singh vide sale deeds dated 16.08.2019 and 19.08.2019, respectively. 2.

The learned counsel representing the petitioners admits that there is a recital with regard to the delivery of possession to the petitioner No.1 (Gagandeep Kaur) in the aforesaid registered sale deeds. The learned counsel contends that the defendants are interfering in her possession. 3.

The petitioners claim to be co-sharers in the property. They have an equally efficacious remedy of filing a suit for partition. Prima facie, DEEPAK KUMAR BHARDWAJ 2021.11.03 15:54 I attest to the accuracy and integrity of this document

Civil Revision No. 2548 of 2021 the First Appellate Court has found that the vendee, for valuable consideration, was put in possession of the property purchased through registered sale deeds. Hence, no ground is made out to interfere and the present revision petition is dismissed.

(Anil Kshetarpal) Judge November 01, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.11.03 15:54 I attest to the accuracy and integrity of this document