- (1.) Plaintiffs are the appellants herein. They filed a suit for permanent injunction restraining the defendants from interfering with their joint possession and use and enjoyment of the joint land and their exclusive possession over their houses shown in the site plan until the land is lawfully partitioned.
(2.) Plaintiffs have contended that plaintiffs 1 and 3 are joint owners in possession of the joint land detailed in sub-heads (a) and (b) of the plaint. They have also constructed their residential houses in Khasra No.55/42 as shown in the site plan. They are exclusively residing in the said houses. The co-sharers had separated their possession long back and started cultivating their lands exclusively. Alleging that the defendants are making an attempt to interfere with their possession, the suit has been laid.
(3.) Defendants 1 and 4 have contended in their written statement that husband of the 4 th defendant who was brother of plaintiffs 1 and 2 resided in Village Sardarpur. Plaintiffs along with the husband of 4 th respondent constructed houses over the joint property from out of the joint funds. The husband of the 4 th defendant was owner to the extent of 1/4 th share in the property mentioned in the head note (c ) of the plaint. The 4 th defendant being the wife of Budhi Singh s/o Balwant Singh has become owner in possession of 1/8 th share in the entire Khasra No.55/42. They have also submitted that the suit property is in their joint possession.;