MAHMOOD Vs. CIVIL JUDGE BALLIA

JUDGEMENT

(1.) S. R. Singh, J. Petition in hand is directed against the appellate order dated 2. 8. 95 passed by Civil Judge, Ballia in Misc. Appeal No. 142 of 1995 which was preferred against the order dated 15. 7. 95 of Munsif (West), Ballia rejecting the application for temporary injunction filed by the plaintiff in Suit No. 483 of 1995 Tehsildar v. Mahmood.

(2.) A brief resume of the necessary facts is that the plaintiff-respondent filed a suit for injunction restraining the defendant-petitioner from making any construction over the suit-land. The plaintiff- respondent claimed that the land was jointly owned by the plaintiff and defendant and therefore, the defendant had no right to make any construction over any specific portion of the suit-land. Along with the plaint, an application for injunction was also moved. The prayer for ad-interim injunction was resisted by the petitioner on the ground that the plaintiff was not a co- sharer of the land in suit. It was also urged that the defendant- petitioner had already spent an approximate sum of Rs. 50,000 over the construction raised on the land to a large extent.

(3.) IN Chhedi Lal v. Chhote Lal, AIR 1951 All 199, a Full Bench of this Court has held "that the question of the right of co-sharers in respect of joint land should be kept separate and distinct from the question as to what relief should be granted to a co-sharer whose right in respect of joint land has been invaded by the other co-sharers either b exclusively appropriating and cultivating land or by raising constructions thereon. " The Full Bench went on to hold that "while therefore, a co-sharer is entitled to object to another co-sharer exclusively appropriating land to himself to the detriment of other co-sharers the question as to what relief should be granted to the plaintiff in the event of the invasion of his rights will depend upon the circumstances of each case," According to the Full Bench the relief for injunction may be granted or withheld by the Court according as the circumstances established in the case justify.