KARAM SINGH Vs. NATHU SINGH

JUDGEMENT

(1.) In his suit for partition the plaintiff Nathu Singh also applied for an ad-interim injunction order. Though the learned Additional District Judged allowed it only partly, the defendants still found the order unpalatable. Hence this appeal.

(2.) Before I proceed to deal with the arguments advanced, let me first provide" a thumb-nail description.of the facts.

(3.) The plaintiff claiming to be the co-sharer alongwith the defendants of property bearing Khasra No. 837 measuring 7 biswas (350 Sq. yards) in the revenue estate of Village Munirka filed a suit for partition and claiming that defendants 1 to 3 having already raised some construction were out to raise further constructions and to part with the same to the detriment of plaintiff's interest, sought ad-interim injunction restraining them from doing so. It need hardly be mentioned that the defendants contested the suit and so also the application under Order 39 Rules 1 & 2. They alleged that the plaintiff's rights in the land stood relinquished and that they were in exclusive possession of the suit property as sole owners. Defendants 1 to 3 further took the plea that, in any case, they had become exclusive owners on account of ouster and by way of adverse possession and that constructions were raised as per the plans sanctioned by the Municipal Corporation.