RANJIT SINGH, J. - (1.) HAVING remained unsuccessful in seeking order restraining the respondents from alienating specific khasra numbers before the trial and the Appellate Court, the petitioner has filed the present revision petition. The petitioner-plaintiff filed a suit for permanent injunction restraining the defendants from alienating specific khasra numbers out of the joint khewat of the land till it is partitioned by metes and bounds. Along with the suit the petitioner filed an application under Order 39 Rules 1 and 2 CPC praying for interim order in his favour. The trial Court declined the prayer of the petitioner against which he filed an appeal. The same has also been dismissed.
(2.) THE plaintiff and defendants are brothers and it is pleaded that they are joint owner in possession as co-sharers. It is claimed that the land has never been partitioned between the co-sharers and, thus, the petitioner being co- owner has a right in every inch of the undivided land. Respondent No. 1, however, resisted this claim of the petitioner and stated that he had already sold a land measuring 10-B and 15-B out of the share in the suit land in favour of M/s. Ansal Land Mark Township Pvt. Ltd. Submission is that the petitioner is a co-sharer of the disputed land which has not been partitioned and, as such, the respondents would have no right to sell any specific killa numbers. It is, thus, pleaded that respondents being co-sharers can be restrained from alienating the land in dispute.
(3.) ON the contrary the respondents have maintained that the land is partitioned and thereafter the co-sharers were in a separate possession. They, as such, had a right to alienate the land in their possession.;