VIKAS Vs. RAKESH

JUDGEMENT

(1.) CHALLENGE in the present revision petition filed by the petitioners -plaintiffs is to the order dated 08.12.2014 (Annexure P -1) filed by the civil Judge (Jr. Divn.), Kaithal whereby, the respondents have been restrained from raising construction over the suit land more than their share only. Challenge has also been raised to the order dated 13.01.2015 passed by the Lower Appellate Court whereby, the appeal filed by the petitionersplaintiffs was dismissed by noticing that in an earlier set of litigation, this Court had allowed the petitioners and the respondents to raise construction in a litigation filed by another set of persons.

(2.) COUNSEL for the petitioner has vehemently submitted that the petitioners being co -sharers to the extent of 1/5th share, are entitled for the injunction and the other co -sharers cannot raise construction to their detriment. It is further submitted that they are being adversely effected being the co -sharers. He has placed reliance upon judgments of this Court in Ram Niwas vs. Jai Ram @ Tej Ram, 2000 3 RCR(Civ) 738; Aarlia Builders and Developers Pvt. Ltd. vs. Sukhda Promoters Pvt. Ltd. and others, 2014 174 PunLR 123 and of the Apex Court in Gangubai Babiya Chaudhary and others vs. Sitaram Bhalchandra Sukhtankar and others and others, 1983 4 SCC 31; T. Lakshmipati and others vs. P. Nithyananda Reddy and others, 2003 5 SCC 150 and Maharwal Khewaji Trust vs. Baldev Dass, 2004 8 SCC 488.

(3.) THE background of the case is interesting and peculiar in the present litigation since admittedly, the petitioners alongwith the respondents vide sale deed dated 15.05.2014, purchased 4 kanals of land. The shares of the petitioners were only 1/10 th each whereas the respondents had share of 6/10th and 2/10 th each. One Gurpal Singh filed civil suit against them seeking injunction on the ground that they were all co -sharers in the property and the construction could not be raised on the land purchased by the present parties. The matter reached this Court in C.R. No. 4553 of 2014 and this Court permitted the present parties to the civil revision and the purchasers of the 4 kanals to raise construction. The relevant part of the order dated 12.11.2014 reads thus: -