Bhupinderpal v. Kesho Ram And ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH RSA No.3146 of 2013 (O&M) Date of Decision.13.08.2015 Bhupinderpal .......Appellant

Versus

Kesho Ram and others ......Respondents

Present:

Mr. RVS Chugh, Advocate for the appellant.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

Delay of 38 days in filing the appeal is condoned. 2.

The defendant who resisted an action for injunction brought at the instance of co-owners on plea that he is himself co-owner along with the plaintiffs and therefore, injunction cannot be granted. The defendant was admittedly a stranger to the family of co-owners and as a purchaser if the other co-owners are not willing for being disturbed in their possession, the only remedy of such purchaser shall be to sue for general partition and seek for allotment of a share to his vendor which could be enjoyed by him. An arrangement amongst the co-owners before sale cannot be persisted by a purchaser if the other non-alienating coowners are not willing to accommodate such a purchaser. The relief of injunction was perfectly competent and I will no reason for intervention. 3.

The second appeal is dismissed as setting up no substantial question of law for consideration.

(K. KANNAN) JUDGE August 13, 2015 Pankaj* PANKAJ KUMAR 2015.08.14 12:35 I attest to the accuracy and integrity of this document