- (1.) This judgment disposes of R.S.A. No.1193 of 1982 and Civil Writ Petition No. 16043 of 1992.
(2.) Rangi (since deceased) and Basta Singh are sons of Sunder Singh. They owned land in villages Nangal and Dhabali. Basta Singh started residing in village Dhabli after partition of the country. Rangi was living in village Nangal. The land situated in village Nangal and fruit bearing trees. Ragi did not allow his brother to have a share in the nusufruct of the land situated in village Nangal. He wanted to raise construction over a part of the lad, thus, necessitating the finding of a civil suit by Basta Singh for permanent injunction for restraining Rangi from cutting or selling any of the trees standing in the joint land owned by the parties and raising construction thereon.
(3.) The suit was contested by Rangi. He stated that there was an exchange inter parties. Pursuant thereto, the land situated in village Dhabali fell to the share of Basta Singh, whereas that in village Nangal fell to his share. Thus, he became the exclusive owner of the land in the suit under the exchange. From the pleading of the parties, the trial Judge framed the following the following issues :- (1) Whether the plaintiff is the owner in joint possession of the land in suit OPP. (2) Whether the defendant got the land in suit as alleged in para No. 1 of the written statement and is in exclusive possession of the same OPD. (3) Whether the defendant had planted the trees in disputed OPD. (4) Whether the plaintiff is entitled to the injunction prayed for OPP. (5) Relief.;