JAGTAMBA Vs. KANTA DEVI

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of the learned Additional District Judge (1), Kangra at Dharamshala, dated 13th May, 2005.

(2.) Plaintiff Kanta Devi (Respondent herein) laid a suit before the Learned Sub Judge, (1), Dharamshala, for permanent injunction, restraining the defendants (appellants herein) from changing the nature or raising any construction over the land, subject matter of dispute.

(3.) Plaintiff and defendants admittedly are the joint owners of the land, subject matter of dispute. Plaintiff is the owner of 3/8 shares whereas defendants are the owners to the extent of 2/8 shares. Case of the plaintiff was that the land abuts to Shahpur road and, therefore, the land abutting road is valuable. The partition proceedings, regarding this land before the Revenue authority are pending. The defendants to frustrate the pending partition proceedings are raising construction on the joint land. The stand of the defendants in the written statement is that the parties are in actual physical possession of the suit property to the extent to their respective shares and, therefore, it is not open to the plaintiff to ask for any injunction against them.