Bibi Jagir Kaur And ANR v. Varinder Singh And ANR

RSA No.1860 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1860 of 2015 (O&M) Date of Order:11th May, 2018 Bibi Jagir Kaur and another ..Appellants

Versus

Varinder Singh and another ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Divanshu Jain, Advocate and Mr. Ashish Bishnoi, Advocate, for Ms. Poonam Josan, Advocate, for the appellants.

Mr. Anshul Gupta, Advocate, for Mr. Saurabh Arora, Advocate, for respondent no.1.

ANIL KSHETARPAL, J.

Defendants-appellants are in the regular second appeal against the judgments and decrees passed by both the courts below. A suit for separate possession by way of partition was filed claiming share in the joint property.

In a connected appeal decided by this Court, by judgment of even date i.e. Regular Second Appeal No.852 of 1995 (Dhanwant Kaur and another v. Jagir Kaur and another), the appeal filed by the respondents has been dismissed, resulting in affirmation of the decree for specific performance of the agreement to sell. In view of the aforesaid judgment, the shares of the parties in the joint property would have to be re-worked. In view thereof, the regular second appeal is allowed. The case Naresh Kumar 2018.05.18 14:31 I attest to the accuracy and integrity of this document Chandigarh

RSA No.1860 of 2015 (O&M) -2is remitted back to the learned trial court for fresh decision. 11th May, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.05.18 14:31 I attest to the accuracy and integrity of this document Chandigarh