JUDGEMENT
Vinod K.Sharma, J. -
(1.) Present revision petition has been filed against the order
passed by the learned courts below for restraining the petitioners from
alienating and changing the nature of the land which is in possession of
the plaintiffs as per compromise dated 12.12.1999.
(2.) The contention of the learned counsel for the petitioners is
that the respondent-plaintiffs in their application moved under Order 39
Rules 1 and 2 of the Code of Civil Procedure had prayed as under:
"It is, therefore, prayed that an ad-interim injunction
restraining the defendants from alienating or encumbering
in any other manner specific khasra numbers and from
changing in any manner the nature of land measuring
74K- 10 M comprised in khewat Nos. 58, 335, 336,
Khatauni Nos. 56, 338, 339 and killa Nos. 5//16/1, 25/1,
36//18, 19, 22, 23/1, 43//2/11, 4//20, 21/1, 22/1, 8//22/3,
13//1/4, 2, 7/3, 8/1, 9/1, 10/1, situated in village Tibba,
Tehsil and District Ludhiana as entered in Jamabandi for
the year 2002-03, without getting it formally partitioned
now or in future, may kindly be granted in favour of the
applicants/ plaintiffs and against the respondents/
defendants till the decision of the suit."
(3.) Learned counsel for the petitioners states that in reply to the
said application they have taken a positive stand that they are not going
to alienate any specific Khasra number or change the nature of the land.
In spite of the said reply the orders have been passed which go beyond
the relief claimed and otherwise contrary to law.
A co-sharer cannot be stopped from alienating his share in
the property though he is not entitled to dispose of any specific khasra;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.