PRABHOO Vs. DOODH NATH

JUDGEMENT

(1.) THE facts found by the courts below are that one Shanker had four sons, namely, Prabhoo, Gayadin, Surajdin and Ram Din (who died issueless). Prabhoo, the defendant appellant as mentioned earlier is the son of Shanker whereas the sons of Suraj Din and Gaya Din sons of Shanker are the plaintiff- respondents.

(2.) THE plot in dispute has been found to be the joint property of the sons and grandsons of Shanker.

(3.) THE interim injunction prayed for was granted and the defendant appellant was ordered to desist from making further constructions. THE Commissioner was also directed to serve the defendant- appellant and to report about the situation of the constructions. It may be added that subsequently, the injunction order was modified to the extent that the defendant-appellant was permitted to thatch the uncovered constructions.