- (1.) THE facts found by the courts below are that one Shanker had four sons, namely, Prabhoo, Gayadin, Surajdin and Ram Din (who died issueless). Prabhoo, the defendant appellant as mentioned earlier is the son of Shanker whereas the sons of Suraj Din and Gaya Din sons of Shanker are the plaintiff- respondents.
(2.) THE plot in dispute has been found to be the joint property of the sons and grandsons of Shanker. According to the plaintiff-respondents case the defendant appellant had started making constructions on khata no. 59 area 42 bighas 15 biswas which is the joint property of the parties to the suit, without the consent of the plaintiff-respondents and despite their protests. According to them they lodged a report to the police when the defendant respondent started laying the foundations on 20-1-1960. Despite their protests when the defendants started making constructions on 1-2-66, the plaintiffs filed the suit on 4-2-1966 praying for a mandatory injunction for the removal of the constructions on the land in suit. On 4-2-1966 an application was made on behalf of the plaintiff-respondents praying that an interim injunction should be issued restraining the defendants from proceeding further with the constructions, and they also prayed that a Commissioner be appointed to serve the injunction order on the defendant- appellants. It was also further prayed that the Commissioner should also report about the position of the constructions.
(3.) THE interim injunction prayed for was granted and the defendant appellant was ordered to desist from making further constructions. THE Commissioner was also directed to serve the defendant- appellant and to report about the situation of the constructions. It may be added that subsequently, the injunction order was modified to the extent that the defendant-appellant was permitted to thatch the uncovered constructions. The Commissioner served the injunction order and also submitted his report. According to the report the constructions were about a month or 6 weeks old and the constructions were only half complete and that they had not been roofed either. They were also reported to be " kachcha" that is not made of bricks.;