"Jagpal Singh vs Issue Notice To The
2021 Latest Caselaw 5421 UK

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      30.12.2021                        SA No. 118 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 17.09.2021, passed by the learned 3rd Additional District and Sessions Judge, Haridwar in Civil Appeal No.32 of 2017, "Jagpal Singh vs. Yashpal Singh", whereby, the said appeal, filed by the appellant - plaintiff has been dismissed. The said civil appeal was filed against the judgment and decree dated 20.07.2017, passed by the learned Trial Court in Original Suit No.195 of 2010, "Jagpal Singh vs. Yashpal Singh", whereby, the suit was dismissed.

Heard Mr. Nikhil Singhal, the learned counsel appearing for the appellant.

The learned counsel appearing for the appellant submitted that a co-sharer cannot transfer his share by mentioning the specific boundary.

The Second Appeal is admitted on the following substantial questions of law:-

(i)Whether a co-sharer can transfer a specific portion of joint property without partition by metes and bounds?

(ii)Whether a co-sharer is entitled for injunction in respect of his share when the joint property has been mutually partitioned in between the co-sharers orally and the co-sharers are in peaceful use and occupation of their share as per oral partition?

Issue notice to the respondent. Steps to be taken within a week. Summon the Lower Court Record. List this case on 25.02.2022.

(Alok Kumar Verma, J.) 30.12.2021

Pant/