Sarjeet Singh (D) Th. Lrs vs Hari Singh & Ors

The Supreme Court held that the Plaintiffs/Appellants, as co-sharers of the Shamilat Patti Sayar, were entitled to a declaration of their rights over the suit land. The Court found that the Defendants/Respondents failed to establish their claim of co-sharership and that the alleged oral transfer of land was invalid due to lack of consent from all co-sharers. However, the Court deemed the direction for the Plaintiffs to regain possession legally untenable, emphasizing that a partition suit should have been filed instead. The judgment of the High Court was upheld, affirming the need for proper legal proceedings for partition under applicable property laws.