High Court Punjab-Haryana High Court

Harnek Singh vs Gurdev Kaur And Ors. on 12 October, 1995

Punjab-Haryana High Court
Harnek Singh vs Gurdev Kaur And Ors. on 12 October, 1995
Equivalent citations: (1996) 112 PLR 519
Author: V Jhanji
Bench: V Jhanji


JUDGMENT

V.K. Jhanji, J.

1. Admittedly, the petitioner was a party to the partition proceedings which culminated in partition of the joint land belonging to many co-sharers. The matter with regard to partition had gone right upto the Apex Court but the petitioner had remained unsuccessful. The ground in regard to Section 53-A of the Transfer of Property Act raised in a subsequent suit is not available to the petitioner particularly when the plea of the petitioner is that he has come in possession in pursuance to the agreement to purchase of share from one of the many co-sharers. In view of this plea, he cannot resist possession which is being sought to be taken as a result of the partition proceedings which concern all the co-sharers in the joint land. Accordingly, no case is made out for interference.