DIN DAYAL KAPOOR AND OTHERS Vs. KUSUM KAPOOR

JUDGEMENT

(1.) This is a Civil Miscellaneous Appeal.

(2.) Question for consideration raised is whether appellant nos. 3 & 4, who in their capacity as co-owners are in exclusive and undisputed possession of a residential annexe, which is part of the joint property of the parties, can be allowed to raise construction of first floor on the said annexe without partition of the joint property by metes and bounds. The ancillary question is whether a, co-owner of un-partitioned joint property can claim injunction against another co-owner restraining him from raising construction on a portion of the joint property of which he has been in exclusive possession.

(3.) Background facts, which are required to be narrated, briefly, are these: