SH. NARENDER SINGH SON OF LATE SH. MANU RAM, RESIDENT OF VPO RUPI, TEHSIL NICHAR, DISTRICT KINNAUR, HIMACHAL PRADESH Vs. SH. SADH RAM, SON OF LATE SH. MANU RAM, RESIDENT OF VPO RUPI, TEHSIL NICHAR, DISTRICT KINNAUR, HIMACHAL PRADESH AND ORS.

JUDGEMENT

(1.) THIS is the plaintiff's petition against the judgment/order passed by the learned District Judge reversing the order of interim injunction granted in favour of the plaintiff by the learned trial Court. The plaintiff instituted a suit for permanent prohibitory injunction praying that defendant No. 1 Sadh Ram be restrained from changing the nature and raising any construction over the land bearing khata Khatauni No. 64/95, khasra No. 417, measuring 0 -01 -27 hectares situated in Up Muhal Pashpa, Muhal Rupi, Tehsil Nichar, District Kinnaur till the land is partitioned. On the material on record, the learned trial Court after considering the submissions of Learned Counsel appearing for the parties held that the parties are recorded in joint ownership and possession of the suit land and the respondent is not in exclusive possession of the suit land. In these circumstances granted interim injunction in favour of the plaintiff as prayed for. Defendant No. 1 Sadh Ram appealed against the order where the learned District Judge set aside the order of the learned trial Court. The plaintiff is now challenging this order with the prayer that order passed by the learned trial Court should be restored. I have heard Learned Counsel for the parties. At the out set I observe that any improvements, construction, alterations and change made on the suit land will have to abide by the final decree. This is the settled law which is based upon the principle of pendente lite. No party can claim any equity or claim vested right only on the ground that the interim order has or has not been granted in his favour. In these circumstances, I direct that any improvements, construction, alterations, change etc., made on the suit land shall abide by the final decree passed in the suit and shall not vest any equity in favour of any of the party, nor shall be a ground to be urged at the time of partition granting an advantage to the party. The parties are directed not to alienate or encumber the suit land during the pendency of the suit. Petition is disposed of accordingly. All the pending applications also stand disposed of.