RSA No.335 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.335 of 2011 (O&M) Date of Decision: 01.12.2011 Balwinder Kaur ...Appellant/plaintiff Vs. Jagsir Singh & Ors. ...Respondents/defendants BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL --- Present: Mr.Vipin Mahajan, Advocate, for the appellant. --- A.N.Jindal, J. Having lost her case before first appellate court, the appellant/plaintiff (herein referred as the plaintiff) has come up in regular second appeal. The plaintiff has claimed herself to be the co-sharer in the land measuring 70 kanals 13 marlas and sought permanent injunction restraining the defendants/respondents (herein referred as the defendants) from raising construction over the land measuring 3 ½ marlas out of Khasra No.22R/18/2 (3-5), 19 (0-4), 23 (0-4), Khewat No. 72, Khatauni 226, situated at village Tatley, Tehsil and RSA No.335 of 2011 2 District Gurdaspur. Arguments heard. On scrutiny of the judgments it transpires that the plaintiff had 1/6th share in the land measuring 70 kanals 13 marlas out of which she has already sold 11 kanals 12 marlas of land and only 3 marlas of land remains behind out of her share in the total land, however, she is not shown to be in exclusive possession over any portion or any specific khasra number, therefore, she cannot prevent the defendants from raising any construction over the area in their exclusive possession. Having failed to prove her exclusive possession over any portion of the land in dispute, she is not entitled to any injunction. No question of law much less substantial question of law arises for determination in this regular second appeal. Dismissed in limine. (A.N.Jindal) 1.12.2011 Judge rp