- (1.) The defendants-appellants are in second appeal before this Court.
(2.) A suit for permanent injunction was instituted by the plaintiffs on the brief facts that land measuring 3 kanals 18 marlas was jointly owned and possessed by the parties along with other co-sharers. It was pleaded that there were trees standing on the suit land which is agricultural in nature.
(3.) The suit land is still under joint ownership and possession of the parties and as the defendants were threatening to change the nature of the suit land by raising construction and to cut and remove the trees standing therein without even getting the suit land partitioned by metes and bounds, hence the suit. Defendant nos.1 and 4 filed a joint written statement admitting the parties to be joint owners in possession. However, it was pleaded that the same had been mutually partitioned between the co-sharers and consequently the parties were enjoying their separate possession at this part.;