JUDGMENT :

Jyotsn a Rewal Dua, J.

Suit for permanent prohibitory injunction and in the alternative for joint possession instituted by the appellant, was allowed by the learned trial Court by passing a decree of permanent prohibitory injunction against the respondents. The decree was reversed by the learned First Appellate Court, resulting in dismissing of the suit. Aggrieved, the plaintiff has come up in the instant Regular Second Appeal.

2. This appeal was admitted on 14.03.2016 on the following substantial questions of law:-

1. Whether on account of mis-appreciation of the pleadings and law and also misreading of the oral as well as documentary evidence available on record, the findings recoded by Courts below are erroneous and, as such, the judgment and decree impugned in tis appeal being perverse and vitiated is not legally sustainable?

2. Whether a joint land which has been divided/partitioned for particular purpose i.e. cultivation can be diverted to an inconsistent user by a co-sharer/co-own