SHIV CHAND Vs. MANGHRU

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) SUIT was filed by the plaintiff appellant, seeking issuance of permanent, prohibitory injunction against the respondents defendants, restraining them from raising construction on any portion of the land, measuring 1 Bigha 3 Biswas, which was alleged to be in joint possession of the parties, though owned by the State Government. It was alleged that without seeking partition or without obtaining the consent of the plaintiff appellant, the respondents defendants had started preparation for raising construction on a portion of the said property.

(3.) APPEAL was filed by the respondents defendants in the Court of District Judge, who accepted the same and reversed the finding of the trial Court that the property is joint. Consequently, the decree of the trial Court was set aside and the suit dismissed.