BHAGI RAM Vs. SOBHA RAM

JUDGEMENT

(1.) (Oral) - Heard.

(2.) In this application, the respondent (defendant in the trial Court) has been sought to be restrained from changing the nature of the suit land or creating any charge thereon as well as selling or encumbering the same in any manner whatsoever.

(3.) The subject matter of dispute in the present lis is land measuring 00-06-00 bighas, a portion of land measuring 05-08-19 bighas entered in Khewat/Khatoni No. 179/189 bearing Kh. No. 650/82 situate in Mohal Katipari, Tehsil Padhar, Distt. Mandi, H.P. Admittedly, the land in dispute is joint of the parties to the suit along with other co-sharers and one of the co-sharers, namely, Jitu (DW-2) has sold his share i.e. 00-06-00 bighas to defendant. The record further reveals that the defendant is in exclusive possession of land so purchased by him from aforesaid Jitu. The plaintiff is also a co-sharer in the suit land. He has sought the decree for permanent prohibitory injunction as well as mandatory injunction against the defendant on the ground that the later started raising construction over the suit land without getting his share separated out of the same. Also that he has raised construction of a temporary shed in front of the house and courtyard of the plaintiff forcibly and thereby made encroachment over the land and courtyard of the house of the plaintiff.