DARSHAN SINGH, J. - (1.) - CM No. 16106-C of 2016 This application has been filed under Section 5 of the Limitation Act for condonation of delay of 178 days in filing the present appeal. Heard. In view of the reasons mentioned in the application, the present application stands allowed and the delay of 178 days in filing the present appeal is hereby condoned. RSA No. 6123 of 2016 (O&M) The present appeal has been directed against the judgment and decree dated 11.01.2016 passed by the learned Additional District Judge, Sangrur, whereby the appeal filed by the appellants-defendants against the judgment and decree dated 13.08.2013 passed by the learned Additional Civil Judge (Sr. Division), Moonak, has been dismissed.
(2.) Plaintiff-Jagga Singh filed the suit for declaration to the effect that he is owner in joint possession to the extent of th share of the suit land measuring 219 kanal 12 marlas, 0 kanal 19 marlas and 2 kanal 9 marlas detailed and described in the head note of the plaint situated within the revenue estate of village Alampur. He also sought the relief of joint possession with respect to the land measuring 0 kanal 19 marlas and 2 kanal 9 marlas to the extent of th share. In the consequential relief, he sought a decree for permanent injunction restraining the appellants-defendants from alienating the th share of the plaintiff out of the suit property.
(3.) As per averments in the plaint, the suit land was earlier owned by Harchand Singh, the father of the plaintiff. After the death of his father, the mutation of inheritance was sanctioned in his favour and he became the joint owner in possession of the suit land as per the share of his father. He got th share of khasra no.124 (0-13), 318 (0-6) and 200 (2-9). The defendants have no concern with th share of the plaintiff over the suit land. He is entitled to the relief of joint possession to the extent of th share of the suit land. Defendants in connivance with each other intend to alienate the suit property and also wants to raise the construction therein for which they have no legal right. Hence, the suit.;