AIR 2017 PUNJAB AND HARYANA 119

Punjab And Haryana High Court

Hon'ble Judge(s): Rameshwar Singh Malik , J

(A) Specific Relief Act (47 of 1963) , S.34— Transfer of Property Act (4 of 1882) , S.44— Suit for declaration of title - On basis of sale deed - Property in joint ownership - Vendor, one of co-sharer selling @page-PunjHar120portion of property belonging to other co- sharer - Illegal - Vendee cannot claim relief of declaration of title on basis of said sale deed. (Para 19) (B) Specific Relief Act (47 of 1963) , S.34— Suit for declaration of title - Property in joint ownership - Mutation in name of co-sharer, beyond her share - Illegal - No title can be claimed on whole property on basis of such mutation entry. (Para 15) (C) Transfer of Property Act (4 of 1882) , S.44, S.54— Property in joint ownership - Sale of, by co-sharer beyond portion of land belonging to her - On ground of oral relinquishment of share by other co-sharer - No material on record establishing such relinquishment - Sale, illegal. (Para 15) .....