JONDA RAM Vs. PIAR CHAND

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant under Section 100 of the CPC against the judgment and decree passed by the learned Additional District Judge, Mandi, dated 31.3.2001, affirming the judgment and decree passed by the learned Sub Judge, Joginder Nagar, decreeing the suit for injunction filed by respondent No.1.

(2.) BRIEFLY stated, the facts of the case are that respondent No.1, hereinafter also referred to as the plaintiff, filed a suit for injunction as against the appellant, who was impleaded as defendant No.1 and as against respondent No.2, who was impleaded as defendant No.2. It was alleged in the plaint that the plaintiff and defendants, who are real brothers, had joint landed and other moveable and immoveable property in the village. The joint property includes a machine consisting of Motor 15 horse power, rice roller, cotton machine, oil expeller, thresher etc. and the same has been housed in the building constructed on a piece of land bearing Khasra No.664. The plaintiff and defendants separated from each other in the month of November, 1990 by effecting a family partition amongst themselves. The partition was effected orally and it was reduced to writing on 13.11.1990. It was also alleged that as per the family partition/arrangement, the suit property was also divided and it was agreed upon that the plaintiff and the defendants shall run machines for 10 days separately in one month and all the earnings and profits during this period will belong to the person running the machine. It was pleaded that when the turn of the plaintiff came to run the machine, the defendant started interfering in the running of the machine, hence the suit for injunction filed the plaintiff.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial Court: