SMT. KALAWATI Vs. SH. NETAR SINGH AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order passed by learned District Judge, Mandi whereby he set -aside the order passed by the trial Court and dismissed the application preferred by the petitioner for grant of injunction.

(2.) The petitioner filed a suit for permanent prohibitory and mandatory injunction on the ground that the suit land was jointly owned and possessed by the parties and therefore, until and unless partition is carried out by metes and bounds, the respondents be restrained from raising construction over the best piece of the land. It was further submitted that once the proceedings for partition were pending before the leaned Assistant Collector 1st Grade, then it was of the more reasons that the respondents ought to be restrained. Similar prayer was made in the application for interim injunction.

(3.) The respondents contested the suit as also the application by raising various preliminary objections like maintainability, cause of action, suppression of material facts, estoppel, misjoinder and non - joinder of necessary parties, valuation and jurisdiction. On merits, it was pleaded that the parties to the lis were in separate possession under family arrangement and that the petitioner had already constructed a house over the suit land. The pendency of the partition proceedings was admitted, but it was denied that the respondents were raising construction on the best part of the suit land, rather it was specifically stated that construction being raised was on a part of Khasra No. 160 which was not abutting to Pairi road.