M.L.SINGHAL, J. - (1.) SUKHJINDER Singh alias Babu minor son of Smt. Raj Kumari alias Rajinder Kaur wife of Jasvir Singh and Smt. Raj Kumari alias Rajinder Kaur herself filed suit against Jasvir Singh alias Bittu, his father Gurmail Singh and mother Mohinder Kaur for separate possession of their 2/5th share by way of partition of the property detailed in the head note of the plaint paras A to D saying that they are joint Hindu family and coparcenary properties, in which, they have 2/5th share (1/5 + 1/5) which defendants have 1/5th share each. They sought permanent injunction also restraining them from alienating the said joint Hindu family and coparcenary properties through sale, mortgage and gift etc. They sought further permanent injunction restraining them from dispossessing them or causing their dispossession of house bearing Municipal unit No. B-XXXIV-1814/1 detailed at para-A of the heading of the plaint forcibly. Along with the plaint, they made application for the grant of temporary injunction to the effect that defendants be restrained from dispossessing them or causing their dispossession from the aforesaid house forcibly and illegally. It was alleged by them in their application for the grant of temporary injunction filed by them under Order 39 Rules 1 and 2 read with Section 151 CPC that Smt. Raj Kumari alias Rajinder Kaur was married to Jasvir Singh on 17.1.1988. After marriage, she cohabited with him in the aforesaid house and gave birth to Sukhjinder Singh alias Babu from his loins. The said properties are joint Hindu family and coparcenary properties in which her son acquired an interest equal to his father's from the time of his birth. Joint Hindu family/ancestral and coparcenary properties cannot be alienated without any legal necessity. It is alleged that she also contributed in the construction of the properties in the suit as she is serving as ANM in the Civil Dispensary, Ludhiana since the time of her marriage. Her husband was also serving in foreign country since 1985. He also contributed in the purchase of the said properties.
(2.) GURMAIL Singh and Smt. Mohinder Kaur defendants No. 2 and 3, who are her parents-in-law, contested her prayer urging that the marriage of Smt. Raj Kumari alias Rajinder Kaur with Jasvir Singh has since been dissolved by a decree of divorce. She is no longer the wife of Jasvir Singh. Vide order dated 21.10.1998, Civil Judge, Junior Division, Ludhiana declined this prayer of the plaintiffs and refused to grant them temporary injunction.
(3.) PLAINTIFFS went in appeal, which was dismissed by learned Additional District Judge, Ludhiana vide order dated 14.8.1999. Still dissatisfied, plaintiff Raj Kumari alias Rajinder Kaur came up in revision to this Court.;