Thomas, J.

As construction of a multi-storeyed building on one of the prime sites at Ernakulam was in progress, a suit for partition was filed by one of the co-owners of the land concerned. In the suit he sought for an injunction restraining the defendants from proceeding with the construction. As the lower court granted the injunction the aggrieved first defendant - company has filed this appeal.

2. The land in dispute has an extent of 45.408 cents. It belonged to a firm called "J' Kobs" which was later dissolved and thereafter ownership of the land became vested with the erstwhile partners of the firm. Plaintiff is one among them. First defendant - a private limited company - entered into an agreement with the co-owners of the aforesaid land for purchasing the same. Ext. Al is the agreement for sale which is dated 16-9-1988. Purchase price has been fixed as Rs. 17.5 lakhs and this has to be paid to the co-owners in accordance with the share of each one of them. On the date of agreement half a lakh of rupees was paid by the first defendant. The co-owners put the first defendant-company in possession of the land and permitted the company to construct buildings thereon sub