JUDGMENT :- This appeal is at the instance of the plaintiffs and it arises out of a suit for injunction restraining defendant No. 1 from exercising any act of joint possession in respect of an undivided share of a dwelling house.

2. The case of the plaintiffs is that C. S. plots Nos. 553 and 509 to 513 constitute the homestead proper of the plaintiffs and C. S. plots Nos. 516, 504 and 554 are parts of the homestead being tanks or lands adjacent to the homestead. Recently defendant No. 1 who is a stranger to the family purchased from one of the co-sharers an undivided share in C. S. plots Nos. 516, 504 and 554 and was threatening to interfere with the plaintiffs possession. The plaintiffs accordingly prayed for an injunction in terms of the second paragraph of S. 44 of the Transfer of Property Act restraining defendant No. 1 from exercising any act of joint possession in respect of these three plots.

3. The defence of the principal defendant No. 1 was that the suit was not maintainable, that there was a partition of the dwelling house by metes and bounds, that in any event the defendant No. 1 had a right of easement in respect of the tank which is C. S. Plot No. 516.

4. The Court of Fi

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