JATINDER KUMAR Vs. KUSUM LATA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order passed by learned Additional District Judge, Chamba, whereby affirmed the order passed by Civil Judge (Senior Division) Chamba in an application filed under Order 39 Rules 1 and 2 C.P.C.

(2.) Brief facts leading to filing of the instant petition are that the plaintiff/respondent filed a suit for prohibitory injunction restraining the defendant/petitioner, his agents, servants and workmen from raising any forcible and illegal construction over the best, valuable and excessive portion of the joint suit land comprised in Khatta Khatauni No. 863/967, Khasra No. 3268, 3298, 3311, 10045/3312, 3410, 3411, 3414 Kita 7 measuring 483 -04 square yards, situated at Mauza Chamba Shehar -II, Pargana Panjla, Tehsil and District Chamab, H.P. till it is partitioned by meets and bounds. Along with the suit an application for injunction under Order 39 Rule 1 and 2 C.P.C. for restraining the respondents from raising any forcible or illegal construction was also filed.

(3.) It was alleged that the suit land was joint amongst the parties and no partition had taken place and therefore, no co -sharer was competent to raise construction or change the nature of the suit land in any manner whatsoever. But still the petitioner with a view to grab the best portion of the joint land had started raising construction of the house and he be restrained from doing so.