ABHEY SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) THIS civil second appeal is directed against the judgment and decree dated February 26, 1970 of the learned District Judge, Jammu, reversing the decision dated June 28, 1969, of Munsiff, Samba, decreeing the plaintiffs suit for mandatory injunction restraining the defendants from constructing a Chhun on the banks of the pond comprised in Survey No. 45 situated in village Guran Salathian, Tehsil Samba.

(2.) IT is common ground between the parties that the land on which the Chhun was built or sought to be re -built was the joint property of the parties and other co -sharers of the village. Although the co -sharers are entitled to use the common land but the user cannot be such as to cause harm or injury to the other co -sharers. I am fortified in this view by a decision of the Allahabad High Court in Najju Khan v. Imtiaz -ud -Din, I. L. R. 18, Allahabad, 115, which was followed in I. L. R. 27 Allahabad, 688; 32 Indian Cases, 690 and A.I.R. 1925 Allahabad, 700.

(3.) IN all these authorities it has been laid down that one co -sharer out of the many has no right to build on what is joint land without the consent of the others notwithstanding that the erection of such building may cause no direct loss to other joint owners.