In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 1591 of 2009
Date of decision: March 23, 2009
Manjit Kaur and others
.. Petitioners
Vs.
Gurbachan Singh and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Navdeep Chhabra, Advocate for the petitioners. A.N. Jindal, J
Jeon Singh died on 13.11.1984 leaving behind Gurbachan
Singh and Lakhbir Singh sons, Gurnam Kaur, Surjit Kaur and Avtar Kaur
daughters, plaintiffs No.2 and 3 are grand sons of Jeon Singh whereas,
Manjit Kaur is the widow of Kartar Singh son of Jeon Singh. Jeon Singh
had executed a Will in favour of Karamvir and Lakhbir Singh on 11.7.1973
and the mutation on the basis of the said Will was executed in favour of the
aforesaid Karamvir Singh and Lakhbir Singh etc. in November, 1984. The
present suit was filed after 23 years of the death of Jeon Singh. The
plaintiff-petitioner (herein referred as the petitioner) are not in exclusive
possession of the suit land. The land claimed under the Will is in possession
of Karamvir Singh and Lakhbir Singh. Even according to the learned
counsel for the appellant, the beneficiaries under the Will have also sold
portion of the land, but no objection was raised at that time. As such,
certainly balance of convenience does not lie in favour of the petitioners,
therefore, both the courts below have declined the injunction to the plaintiff.
Hence finding no merit in the petition the same is dismissed.
However, the sale if any made by the respondents during the pendency of
the suit shall suffer from principles of lispendse.
March 23, 2009 (A.N. Jindal) deepak Judge