Baldev Singh And ANR v. Chand Singh Alias Charanjit Singh And ORS

Civil Revision No. 2894 of 2021 -1-



    
      

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.)/&.0('1.231().)% .2$3&4".&% This revision petition has been filed by the petitioners against the order of dismissal of their application for impleadment by the trial Court.

Suit has been filed by Plaintiff/Respondent Chand Singh alias Charanjit Singh seeking permanent injunction against the defendants restraining them from interfering into his possession over the suitproperty and from dispossessing the plaintiff. Petitioners moved an application for impleadment as defendants, claiming to be necessary parties. It was dismissed by learned trial Court vide order dated 27.08.2021 on the ground that plaintiff cannot be forced to contest the suit against the persons against whom no relief is claimed by the plaintiff. Hence, the present civil revision.

Concededly, the suit filed by the plaintiff (respondent no.1 herein) is merely for an injunction while apprehending fear from the VARINDER SINGH 2022.02.08 12:42 I attest to the accuracy and authenticity of this document.

Civil Revision No. 2894 of 2021 -2defendants, who are family members, with respect to the suit property. In case he does not have any such apprehension from the petitioners herein, the plaintiff cannot be compelled to make them defendants/ parties in the suit. It is immaterial, if as claimed, the petitioners are also family members, and are also co-owners/ co-sharers in the property. As already stated, it is merely an injunction suit and there is no declaration sought therein with respect to the title of the suit property. Needless to say, no prejudice would be caused to the petitioners with respect to their claim qua the suit property, since whether or not the petitioners are co-owners and/or the plaintiff in the suit is a co-owner, is not subject matter of the trial before the Court below.

Law is well settled with respect to the possession of the cosharer i.e. it is in the eyes of law that every co-sharer is deemed to be in joint possession and whoever is in physical possession cannot be ousted except in due course of law. Parties are at liberty to seek appropriate remedy in case they seek to enforce their right qua separate possession as per their share.

No ground to interfere is made out.

Disposed of accordingly.

28.01.2022 (Arun Monga) vs Judge  "

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  '   %$&  VARINDER SINGH 2022.02.08 12:42 I attest to the accuracy and authenticity of this document.