MADAN KUMAR Vs. VEENA KUMARI

JUDGEMENT

(1.) THE appellant herein was defendant before the learned trial Court. The respondent hereinafter to be called "the plaintiff" had filed a suit against him, which was decreed for permanent prohibitory injunction qua the suit land. The defendant also lost his appeal before the learned District Judge, as such filed the present Regular Second Appeal, which was admitted on the following substantial questions of law:-

(2.) THE graveman of the controversy can be stated thus. Undisputedly, the suit land is owned and possessed by the plaintiff alongwith other co- sharers including Mohinder Singh, which is not partitioned as yet. The defendant had purchased 1/20th share i.e. 2 biswas out of the suit land from Mohinder Singh aforesaid and allegedly started raising construction on 14.11.2000, by encroaching upon the land more than his share, without her consent and other co-sharers. Since the defendant did not stop, the plaintiff filed the suit for permanent prohibitory injunction for restraining the defendant from raising any further construction till the suit land is partitioned amongst the co-sharers and also to remove the incomplete structure from the suit land.

(3.) ON the pleadings of the parties, the learned trial Court framed the following issues:-