AMARJIT Vs. RAM LAL

JUDGEMENT

(1.) Case is taken up for hearing through video conferencing.

(2.) Challenge in the present petition is to the order dated 31.05.2019 passed by the learned Additional District Judge, Fatehgarh Sahib, vide which appeal filed by the respondentplaintiff was allowed; the order dated 18.05.2019 passed by the learned Civil Judge (Jr. Divn.), Fatehgarh Sahib, was set aside and the application under Order 39 Rules 1 and 2 read with Section 151 CPC filed by the respondent-plaintiff, restraining the defendant from raising construction on adjacent portion of the property of plaintiff, without partition of the suit land, was allowed.

(3.) Learned counsel for the petitioner has submitted that Munshi Ram-father of the parties to the suit, had purchased the suit property from one Amar Singh, vide sale deed dated 22.06.1968, and thereafter executed Will dated 23.02.1993 in favour of the petitioner and respondent (brothers). Though the suit property had not been partitioned by metes and bounds and it is a joint property, yet as per the oral family settlement, both the brothers are in possession of their exclusive shares.