KEHAR SINGH Vs. JOGINDER KAUR ALIAS JOGINDERO

JUDGEMENT

(1.) THE defendants are in appeal against the decree for mandatory injunction passed by the Courts below directing them to restore possession of land after removing the constructions and malbas thereon.

(2.) THE plaintiffs-respondents filed a suit for permanent mandatory injunction restraining defendants to restore the possession of the property as mentioned and detailed in the head note of the plaint inter alia on the ground that parties are the co-sharers of the land in dispute. There is litigation pending between the parties. The defendants along with Sadhu Singh deceased were trying to occupy the southern portion of the property which is more valuable than the other property, even through the partition proceedings are still pending regarding the suit land. Since the plaintiffs apprehended danger at the hands of defendants, they filed suit on the plea that no co-sharer can raise any construction changing the nature of the property against the interest of the other co-sharers.

(3.) THE learned trial Court found that the land in dispute is the joint property and that it has not been partitioned by meets and bounds. However, the learned trial Court found that the defendants have raised construction and, thus, excluded the plaintiffs from possession of the land jointly owned by them and granted a decree for mandatory injunction as mentioned above. The Courts below have also held that the suit for injunction filed by the plaintiff-respondents is not that of initial partition.