AB RASHID Vs. AB AZIZ

JUDGEMENT

(1.) THIS revision arises out of order dated 18 -10 -2003 passed by the learned District Judge, Kathua reversing the order of Munsiff, Billawar dated 20 -2 -2003.

(2.) BRIEFLY stated the facts as emerge from the record are that the present petitioner filed a suit for permanent prohibitory injunction in the Court of Munsiff, Billawar against the defendants from raising construction over the property comprising Survey Nos 201, 1960, 1965, 2819 situated at village Barota, Tehsil Billawar claiming himself to be co -owner in possession with the defendants.

(3.) IT was alleged that without partition of the property and without the consent of the plaintiff, the defendants are raising construction over the joint land. The defendant contested the suit on the ground that the property was partitioned by oral partition and both the parties are in possession of half of the share. The defendants further stated that one of the defendants is in the process of raising construction of residential house over 3 Marlas of land fallen to their share.