Full Judgment
CR No.2288 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2288 of 2014 Date of Decision: 31.03.2014 Dharampal ....Petitioner Versus Smt.
Batoon and others ....Respondents CORAM:- HON'BLE Mr.JUSTICE RAJIV NARAIN RAINA Present: Mr.Rajesh Arora, Advocate, for the petitioner.
1.
To be referred to the Reporters or not?.
2.
Whether the judgment should be reported in the Digest?.
RAJIV NARAIN RAINA, J.
The only argument raised in this petition is that defendant No.21 who is an outsider and encroacher and dubbed as an illegal occupant of a part of the suit property subject matter of the suit for possession by way of partition, his rights would stand concluded in the present suit at the stage of drawing up and passing of the preliminary decree for partition.
The partition proceedings remain within co-shareRs.Strangers who have purchased share of properties only step into the shoes of their vendees and can press no greater right than their co-sharers possess.
It is trite to say that all co-sharers own every inch of the land and only partition proceedings drawn finally through a final decree can divide shares by metes and bounds or by any process acceptable to the parties.
If the petitioner has any grievance against the 21st defendant he is at liberty to take recouRs.to law and evict him from the property illegally possessed by him.
I find no reason to interfere with the impugned order.
Mittal Manju 2014.04.02 11:56 I attest to the accuracy and integrity of this document Chandigarh CR No.2288 of 2014 -2- Dismissed with the liberty to the petitioner to take his recouRs.against defendant No.21, if advised, and as is available to him under the law.
(RAJIV NARAIN RAINA) JUDGE3103.2014 manju Mittal Manju 2014.04.02 11:56 I attest to the accuracy and integrity of this document Chandigarh