N.K. Kapoor, J. - (1.) THIS revision petition is against the order of the Additional District Judge dated 14.1.1995 whereby the interim injunction granted by the trial Court has been vacated.
(2.) PLAINTIFF filed a suit for permanent injunction restraining the defendant from raising any construction over the property in dispute and by way of interim injunction prayed that the defendant be restrained from changing the nature of the property or raising any construction during the pendency of the suit. The application was contested by the other party on the ground that applicant is not the owner of this property in dispute. According to the defence Prithvi Raj Sethi executed a will and all his sons got separate share in the property in dispute on the basis of will executed by Prithvi Raj Sethi. According to the defendant, the portion shown red in the map was under the tenancy of M/s. Chunni Lal Shyam Sunder, through Shyam Sunder Proprietor, which has now been purchased from one of the owners, namely, Subhash Chander Sethi vide two sale deeds dated 20.9.1994 and 26.9.1994.
(3.) TRIAL Court on perusal of the averments made by the parties came to the conclusion that plaintiff has 1/3rd share in the Property in dispute and similarly his brothers Ravinder Nath Sethi and Satish Chander Sethi too have 1/3rd share each in the property in dispute and so the sale made by Subhash Chander Sethi can be termed as a sale of his share in the joint property. Holding so, the Court restrained the respondent from raising any construction over the suit property without getting it partitioned by metes and bounds.;