413 1 3 l e ee Reclular Second Aooeal No174 of 2007 08M1 and Reqular Second Appeal Nos 1815 of 2008 lOSMle IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH Date of Decision2 March 03 2011 Reclular Second Appeal Noa 3174 of 2007 lO8MI r 0 SangeetaAnandandothers AppeIIants O I VERSUS C0 Inder Singh and others Respondents I Z Reqular Second APpeal No 115 of 2008 1OSMI C Inder Singh and others Appellants I2 I VERSUS L2 SangeetaAnand and others Respondents Z 00 CORAM HONBLE MRJUSTICE MOHINDER PAL 7 1 Whether Reporters of Local papers may be allowed to see Z the judgment7 2 To be referred to the Reportersor not7 Om 3 Whether the judgmentshould be reported in the Digest7 Presentl MrJikas Bahl Advocateand Ms DeepikaKalla Advocate for the appellantsin RSA No3174 of 2007 and respondentsin RSA No 1815 of 2008 Mr Onkar Rai Advocate for the appellantin RSA No1815 of 2008 and respondent No 1 in RSA No3174 of 2007 MOHINDER PAL Je This judgment will dispose of the aforesaid two Batra Amit 2012.11.29 14: 41 True Scannend Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document r O 4 ll Ll Pl 1 0 m 1 1 l 414 4P2 j Pe 02 1 gjr second Appeal Noe 3174 of 2007 04 and 1 Second Appeal Noe 1815 of 2008 l0SM1e 1 1 Regular Second Appeals as they are directedagainst the common k 1 and the decree by the Iower appellateCourt J and decree passedby the trial Court 1 whereby the wereaffirmed 1 Inder Singhhad filed the instant suit claimingthat 1 C with defendants Nos 3 and 4 namely Bakshish Singh he 0 0 and Nirmal who are brothers were coesharersinthe suit 3 Marlas Plaintiff Inder Singh and Iand measuring 35 C5 defendants Nose 3 and 4 sold theirshares to other defendants claimed that defendants Nos 3 and 4 had sold 2 Z 1 of the suit Iand in excess of their share and when Kanal 4 r asked them to admlt the plaintiffto be covner in he I of the suit Iand theyfailed to do so which Ied to joint possession Z the filing of the instant suit by the plaintiff m The trialCourt after framlngissues arislng out ofthe the evidence Ied by the parties of the parties m Z theirIearned counsel dismissedthe suit filed by the and hearing Clm the trial Court decided issues Nos7 8 and plaintlffe againstthe vendee defendants and under issue 11 No 14 it trial Courtheld that share of vendee coesharer in Iand was subject to adjustmentat the time of partition The filed appeal against the judgmentand decree filed by he trialCourt whereas some of the vendeedefendants flled cross appeal the said judgmentand decree passedby the trial Court which were dismissed by the Iower appellateCourt Hencethese by the plaintiffand some of the vendee Batra Amit 2012.11.29 14: 41 True Scannend Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 1 r eee 415 1 W0r P w 1 00 1 and 1 r second Appeal 1815of 2008 lOSMI Ular Secood Appeal NOs defendantS as mentionedabove nsej for the partiS I dO 1 the Iearned After reason that Iearned merltin these appealsfor the 1 not find any 1 the Iower appellateCourt t for the to him olaintifOwas to 1 that the only remedy r suitIand before the competent 1 seekpartitionof his share in the 0 suitIandwas in nature Regarding 0 as the Nos7 8 11 and 14 I ofthe trial court upon the C5 held that the competentCourt which 01 I the Iower appellate would not be hear the partitionsuit of the Z ofthe trial Court on issues whose onus by the findings Court 0 was on the crossobjectorsbefore the Iower the Iower appellate to saY the before SecondAppealNo174 of 2007 Z Court are of 1 beforethis Court CO notfind any merit in Regular of the above I do In view e Second AppealNo Z 3174of 2007 and SecondAppeal No shallbe no order S dismissedThere 1815of2008 which are djrectedto PlaCe a copyof this The RegistryIS as to costs SecondAppealNo1815of 2008 in 0 c MOHINDER PALO JUDGE March63 20110 1 ak e7 1 Batra Amit 2012.11.29 14: 41 True Scannend Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document