PRABHA DEVI Vs. HARI KRISHAN SHARMA

JUDGEMENT

(1.) Orders passed by learned Additional District Judge, Mandi dated November 18, 1996 are impugned in this appeal.

(2.) To appreciate the controversy, necessary facts may be noticed.

(3.) Plaintiffs Radha Devi and H. K. Sharma laid a suit before the learned Sub Judge 1st Class, Mandi, claiming that a room constructed over Khasra Number 1317 measuring 27.38 sq. yds. Situate in Mandi Town is jointly owned and possessed by the plaintiffs to the extent of 2/3rd share and the remaining 1/3rd share is jointly owned and possessed by defendant No. 1 Shri Krishna Nand. The property, it was alleged, was joint and un -partitioned between the plaintiffs and defendant No. 1 Krishan Nand, defendant, started dismantling room in question on April 7,1990 with intention to raise new construction without the consent of the plaintiffs. Such an action on the part of the defendant will have the effect of dispossessing the plaintiffs from that room.