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(O&M;) Santokh Singh And Ors vs Kuldip Singh And Anr on 10 February, 2016 cites

Sant Ram Nagina Ram vs Daya Ram Nagina Ram And Ors. on 12 May, 1961

As per principles highlighted in Sant Ram Nagina Ram's case (supra), every co-sharer would be deemed to be in possession of every inch of land unless and until the same is partitioned by metes and bounds. Possession of one co-sharer would be deemed to be on behalf of all the co- sharers. A co-sharer can seek injunction against the other co- ANITA DEVI 2016.02.18 12:34 I attest to the accuracy and integrity of this document Chandigarh RSA No. 1663 of 2008 7 sharer only if he is found to be in exclusive possession of the portion of the land to the knowledge and ouster of the other co- sharers.
Punjab-Haryana High Court Cites 13 - Cited by 157 - Full Document

Ram Singh & Ors vs Col. Ram Slngh on 7 August, 1985

16.However, it is well settled legal position that sale of specific portion of the land described a particular khasra number by a co-sharer out of the joint khata would be sale of share out of the joint khewat. Admittedly, Gopal Singh and Gulzar Singh who are in the predecessor-in-interest of the appellants and respondent Nos. 2 and 3 Partap Singh and Sher Singh were the co-sharers in the year 1966 ANITA DEVI 2016.02.18 12:34 I attest to the accuracy and integrity of this document Chandigarh RSA No. 1663 of 2008 9 when both the sale deeds were executed. In such a situation, the sale by Gopal Singh in favour of plaintiffs vide sale deed Ex.P-2 and the sale by co- sharer Gulzar Singh vide sale deed, Ex.D-3 are sale of the share from the joint khewat and not sale of specific khasra number since at that time, the partition was not effected. The partition has been effected vide order dated 6.8.1971 and both the sale deeds were executed prior to the said partition. On this point, I am also supported by the observation of the Hon'ble Supreme Court of India in Pokhar (dead) by LRs. And others vs. Ram Singh, 2002 (1) PLJ, 58 where it was held that a sale of a specific portion of land described by the particular khasra number by a co-owner out of joint khewat would be sale of share out of the joint khewat and pre-emble under Section 15 (1) (b) of the Act."
Supreme Court of India Cites 50 - Cited by 266 - S M Ali - Full Document
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