JAGIR SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 14.10.1999 passed by Additional District Judge, Jalandhar, who reversed the order dated 27.8.1999 passed by Civil Judge (Junior Division), Jalandhar, who dismissed the application of the plaintiff under Order 39 Rules 1 and 2 C.P.C. by making the observation that if any construction is raised by the defendants, the same shall be at their own risk and expenses, which shall be subject to partition of the land between the co-sharers by metes and bounds.

(2.) THE brief facts of the case are that plaintiff-respondent filed a suit for injunction against the defendants praying that defendants be restrained from raising any type of construction over the land measuring 2 Kanals 12 marlas comprised in Khewat No. 64, khatauni No. 97 and Khasra No. 7//23/3 (2K-12M) situated in village Sangal Sohal as per jamabandi for the year 1996-97 and taking the possession from him illegally, forcibly except effecting partition in due course of law. Along with the suit the plaintiff filed an application under Order 39 Rules 1 and 2 C.P.C. praying that during the pendency of the suit the defendants be restrained from raising any construction over the suit land.

(3.) THE parties placed documents before the trial Court and the learned Civil Judge (Junior Division), Jalandhar vide order dated 27.8.1999 dismissed the application of the plaintiff by holding that parties to the suit are co- sharers and the defendants can utilize the area which is in their exclusive possession by raising the construction which shall be subject to partition.