R.S.A. No. 2057 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 2057 of 2008 (O&M) Date of Decision : 15.4.2009 Jarnail Singh .......... Appellant Versus Gamdoor Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. N.S. Thind, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgment and decree dated 5.9.20-07 passed by the learned Courts below vide which suit filed by the plaintiff / appellant seeking declaration that he is owner in possession to the extent of 9/16 share of land measuring 2K-13Ms detailed in the headnote of the plaint, situated at village Sadhuwala and that the suit land has not been partitioned so far and further the sale deeds executed for specific numbers of better quality land, are not binding on the rights of the plaintiff, has been ordered to be dismissed. The only plea raised by the learned counsel for the appellant is that the learned Courts below failed to notice that a co-sharer was not entitled to dispose of a specific khasra number as a co-sharer can sell only share in the joint land and not any specific area of land especially the area which is not in his possession. R.S.A. No. 2057 of 2008 2 This plea of the learned counsel for the appellant cannot be accepted. The learned Courts below have rightly come to the conclusion in view of the settled law that even if specific khasra numbers are sold, it is nothing but sale of a share out of joint holding and thus non-suited the plaintiff. The findings recorded by the learned Courts below are based on settled principle of law and, thus, it cannot be said that this appeal raises any substantial question of law for consideration by this Court in regular second appeal. No merit. Dismissed. 15.4.2009 ( VINOD K. SHARMA ) 'sp' JUDGE