C.R. No.5662 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.5662 of 2007 (O&M) Date of decision: 14.09.2009 Darshan Singh and others ...Petitioner Versus Jatinder Singh and others ...Respondents *** CORAM : HON'BLE MR. JUSTICE A. N. JINDAL Present : Mr. Anupam Bhardwaj, Advocate for the petitioners. Ms. Naina Goel, Advocate for Mr. B. R. Mahajan, Advocate for the respondents. *** A. N. JINDAL, J. (ORAL) This revision petition has been filed against the order dated 01.06.2005 passed by the trial Court vide which application under Order 39 Rule 1 and 2 CPC has been allowed in favour of the respondents and against the order dated 12.09.2007 passed by the Appellate Court vide which the appeal filed by the petitioners has been dismissed being time barred. The plaintiffs/respondents (herein referred as the plaintiffs) have claimed themselves to be the co-sharers in possession of the suit land whereas the defendants have never C.R. No.5662 of 2007 -2- entered into the possession though they may be the co-sharers but the plaintiffs being the co-sharers in exclusive possession of the suit land cannot be dispossessed without due process of law. The trial court has also recorded the finding that the plaintiffs have got 1/14th share of the land measuring 51 kanals 11 marlas and at the time of redemption of the suit land, property was under the cultivation of father of plaintiffs and since 5.2.96 he is in possession of the suit land. He also received compensation regarding the flood in the suit land. Hence, the plaintiffs are proved to be in possession of the suit land. No ground for interference. Dismissed. ( A. N. JINDAL ) September 14, 2009 JUDGE ashish