IMPORTANT POINT
A co-owner seeking injunction must establish injury or inconvenience caused by the act complained of and the balance of convenience. Clean hands and equitable conduct are essential in seeking injunction relief.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioners have assailed the order dated 9.5.2022, passed by the learned District Judge, Kullu, whereby the order dated 1.10.2021, passed by the learned Civil Judge (Senior Division) Lahaul & Spiti at Kullu has been affirmed.

2. The defendants have been restrained from changing the nature and character of the suit land and occupying its best and valuable portion by way of raising construction thereon during the pendency of the suit or till the suit land is legally partitioned, whichever is earlier.

3. Petitioners herein are defendants in a suit filed by respondent No.1 before learned Senior Civil Judge, Lahaul & Spiti at Kullu. The parties hereafter shall be referred to by the same status as they hold before the learned trial Court.

4. Plaintiffs has sought a decree of permanent prohibitory injunction against the defendants in respect of land measuring 03-06-00 bighas, comprised in khata No. 1084, khatoni No. 1368, khasra No. 2206 and land measuring 03-08-00 bighas, comprised in khata No. 1081, khatoni No. 1365, khasra No. 2205, situated in Mohal and Phatti Dhyar, Tehsil and District Kullu. It has been prayed that the defendants be restrained from raising any construction over the land comprised in khasra No. 2206 and further they be also restrained from ousting or dispossessing the plaintiff from land comprised in khasra No. 2205.

5. The suit has been filed on the premise that the entire suit land is joint between the plaintiff, defendants and other co-owners. The defendants are not entitled to raise construction on joint land without getting the same partitioned. It is alleged that the defendants are trying to usurp the best portion of the suit land by raising construction.

6. The defendants have put up their contest to the claim of the plaintiff by stating that the plaintiff has already raised construction on the land which falls in his share. A plea of a family arrangement has also been raised in defence. As per defendants, they already have old structures on the suit land and in order to make additions new construction is sought to be done by defendant No.3 for which he had already raised RCC pillars. The defendants have also claimed that they have not exceeded their share in the suit land.

7. Plaintiff by way of his replication has admitted his possession over a constructed area on the suit land. It has been tried to be explained that the plaintiff had purchased old house and Khud from co-sharers Chume Ram and Dile Ram and after its purchase, improvements have been made including the construction of bathroom etc.

8. Learned trial Court allowed the application of the plaintiff and has restrained the defendants, as noticed above, till the final disposal of the suit. Two of the defendants namely Hari Kumar and Surender Kumar assailed the order passed by the learned trial Court by way of appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure before the learned District Judge, Kullu but remained unsuccessful, hence the instant petition.

9. I have heard the learned counsel for the parties and have also gone through the record carefully.

10. It has emerged from the pleadings of the parties that the total area of joint land between the parties is more than 6 bighas and 14 biswas. Plaintiff has claimed himself to be the owner to the extent of 4 bighas and 11 biswas in khasra No. 2206 and 4 bighas and 13 biswas in khasra No. 2205. Thus, the total share of the plaintiff is about 9 biswas. It has also been admitted by the plaintiff that he is holding possession of constructed area in khasra No. 2206. The extent of constructed area in occupation of plaintiff has not been specifically mentioned.

11. Learned trial Court has allowed the prayer of the plaintiff to the extent, as noticed above, on the premise that the defendants are already in occupation of some portion of the suit land and in such background, the vacant portion of the suit land has assumed greater significance in ter