RSA No. 1480 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1480 of 2005 Decided on : 08-01-2009 Charanjit Singh ....Appellant VERSUS Ajit Singh and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Sumeet Mahajan, Senior Advocate with Mr. Amandeep Singh, Advocate for the appellant. None for the respondents. MAHESH GROVER, J This is a plaintiff's appeal directed against the judgment of the learned Trial Court dated 29.10.2003 and that of the First Appellate Court dated 11.3.2005. The appellant had preferred a suit against the respondent praying for grant of permanent injunction restraining the respondents no. 2 and 3 from alienating specific portion of land by way of sale, mortgage, gift or in any other form and also to further restrain them from delivering the possession of the land measuring 6B-0B-18B (Pukhta) comprised in Khasra No 287, 288, 290, 289, Khata No. 254/338, 467/605, 183/215. It was the case of the appellant that he and respondents no. 2 and 3 are co-sharers and joint owners in possession of the suit land. It was further pleaded that the land had not been partitioned and both the appellant and the respondents are enjoying the suit property jointly but now the RSA No. 1480 of 2005 2 respondents are threatening to alienate some portion of the land by way of sale allegedly in favour of respondent no.1. Respondents no. 1 and 2 appeared and filed their written statement while respondent no.3 was proceeded against ex parte. In the written statement filed by respondent no.1 it was pleaded by him that the suit property had already been partitioned by way of mutual understanding and that he had purchased land measuring 200 square yards comprised in Khasra No. 289 from respondent no.2 on 16.4.1998 and as such he had become the co-owner of the suit land and that the parties are in possession of their respective shares of the property after effecting the partition. He also submitted that other co-sharers have also sold their shares after partition. Respondent no.2 in his written statement also pleaded that respondent no.1 was in possession of 200 square yards after the sale and that other co-sharers Pritam Singh, Jaswinder Singh, Rajinder Singh, Ranjit Kaur, Randhir Kaur and Narinder Kaur who have also purchased the property have not been impleaded as respondents. He also pleaded that partition had already been effected and the parties are in possession of their respective shares. The Trial Court framed the following issues:- 1. Whether the plaintiff is entitled to permanent injunction as prayed for? OPP 2. Whether the present suit is not maintainable in the present form? OPD 3. Whether the suit is bad for non-joinder of necessary parties? OPD 4. Relief. The Trial Court dismissed the suit of the appellant after perusal RSA No. 1480 of 2005 3 of the evidence before it and it was held that the suit property already stood partitioned and some of the parties had sold their respective shares and also further that the appellant himself had sold his share in 1994 and was left with no interest in the suit property. In appeal the findings of the learned Trial Court were affirmed. After hearing learned counsel for the appellant, I am of the considered opinion that the appeal is without any merit. Both the Courts have recorded concurrent finding of facts, which are based on the testimony of the appellant himself that he had sold his share in 1994 and in fact even the prayer that he has made in the suit has been rendered infructuous in view of the fact that the sale as alleged by him in his plaint had already taken place before the filing of the suit. The suit was filed on 7.5.1998 whereas the sale in favour of respondent no.1 had already taken place on 16.4.1998. That apart in view of the concurrent findings of fact recorded regarding factum of partition and also in view of the fact that no substantial question of law has been shown to have arisen in the present appeal, the same is without any merit and is dismissed. January 8 , 2009 (Mahesh Grover) rekha Judge