- (1.) By this appeal, the appellants, who were defendants in the suit filed by the present respondents before the trial Court, have challenged the judgment and preliminary decree passed by the trial Court as also the Lower Appellate Court, in favour of the respondents herein, holding that the respondents-plaintiffs are co-sharers in the suit land, to the extent of 1/2 share and are entitled to get the same partitioned to that extent, in metes and bounds. The appellants have further been restrained from alienating the suit land beyond their recorded half share.
(2.) The plaintiffs had filed a suit for possession of 1/2 share of the land and house constructed upon it, measuring 13 Biswansi, 7 Kachwasi (stated to be equivalent to about 3 and 1/2 marlas), comprised in Khewat No.277, Khatoni No.337, Khasra No.2555/2474, as recorded in the record of rights ('jamabandi') for the year 2004-05, situated at Indra Road, Malout, as described in the site plan stated to have been attached with the suit.
(3.) The case of the plaintiffs was that the suit property was earlier owned and possessed by Leela Ram and Jeewan Ram, of whom Leela Ram was the predecessor-in-interest of the plaintiffs-respondents, while Jeewan Ram was the predecessor-in-interest of the defendants-appellants. The suit land, though in the joint ownership of both, the plaintiffs and the defendants, was in the possession of the defendants. Hence, the plaintiffs sought to be put in possession of their share by way of partition and therefore, instituted the suit, seeking that they be accordingly put in possession and the defendants (present appellants), be injuncted from interfering in such possession thereafter.;