PRATAP CHAND Vs. MILAP CHAND

JUDGEMENT

(1.) It is not in dispute that the parties to the lis are co-sharers. It has specifically come on record that the petitioner through his predecessor-in-interest has constructed five rooms somewhere in the year 1989 and is now objecting the construction raised by the respondent.

(2.) This Court in CMPMO No. 52 of 2014, titled Ashok Kapoor vs. Murtu Devi, 2016 1 SLC 207 after considering various judicial pronouncements on the subject, laid down the following principles that would determine the rights and liabilities of the co-sharers and their rights to raise construction to the exclusion of others:

(3.) In view of the law expounded above, this Court is of the considered opinion that after having himself raised the construction over the joint land, the petitioner cannot object the construction now being raised by the respondent. However, it needs to be clarified that such construction shall be entirely at the risk and peril of the respondent and he shall not be entitled to claim any equity qua the same at the time of partition.