KRISHAN Vs. GULAB SINGH

JUDGEMENT

(1.) Allowed subject to all just exceptions. RSA No.4107 of 2010

(2.) This is the second appeal preferred by the appellants/defendants No.1 to 3 against the judgment and decree dated 7.10.2010 passed by the Additional District Judge, Hisar, vide which he dismissed the appeal preferred against the judgment and decree dated 5.8.2008 passed by the Civil Judge (Junior Division), Hisar, decreeing the suit of respondent No.1/plaintiff for permanent injunction, restraining the defendants from making any construction on specific portion of plot Nos. 602, 621 and 622 and also for further restraining them to make construction on more than their share till the partition takes place between all the co-owners.

(3.) Plaintiff has pleaded in his plaint that his father; namely Harphul was the owner in possession of 517/1728 share in the total joint land measuring 86 kanals 8 marlas and after his death the same was inherited by him, his brother Rajender and sister Parvati and as such he became co-sharer therein. Out of this land, defendants No.1 to 3 purchased 9/1728 share (0-9 marla) and got a mutation sanctioned in their favour on 22.9.2005. No partition has taken place between them so far and as such those defendants cannot raise any construction on any specific portion of plot Nos.602, 621 and 622, which have been carved out from the joint land.