DHANNA SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This order shall dispose of Regular Second Appeal No. 1174 of 1985 and Civil Writ Petition No. 13864 of 1991 as the issues involved in both the cases are over-lapping. For understanding the controversy in its right perspective, the facts of appeal and writ petition are being referred to separately.

(2.) The respondent-plaintiffs instituted a suit for mandatory injunction against the appellants for the removal of electric connection installed in Khasra No. 65/3/1 and also to remove Malba of Industrial Sheds, walls and rooms which were recently constructed on the said Khasra Number situated in village Batala Garbi. A decree to permanently injunct the appellants from raising any construction or changing the nature of land comprised in Khasra Nos. 55R/23/3, 65R/1/2, 2/1 and 3/1 without getting the land partitioned, was also sought.

(3.) The respondent-plaintiffs along with the appellants are cosharers in the land in dispute which was in their joint possession and according to the appellant-defendants they have got no right, title or interest to raise any construction without getting the subject land partitioned. As the appellants had allegedly started the construction over joint holding, the civil suit with the aforementioned prayer was instituted.