JUDGMENT

Tarlok Singh Chauhan, J —It is not in dispute that the parties to the lis are co-sharers. It has specifically come on record that the petitioner through his predecessor-in-interest has constructed five rooms somewhere in the year 1989 and is now objecting the construction raised by the respondent.

2. This Court in CMPMO No. 52 of 2014, titled Ashok Kapoor vs. Murtu Devi, 2016 1 SLC 207 after considering various judicial pronouncements on the subject, laid down the following principles that would determine the rights and liabilities of the co-sharers and their rights to raise construction to the exclusion of others:

i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse to the interest of the co-owner out of possession.

ii) Mere making of construction or improvement of, in, the common property does not amount to ouster.

(iii) If by the act of the co-owner in possession the value or utility of the property is diminished, then a co-owner out of possession can cert