1. This revision arises out of order dated 18-10-2003 passed by the learned District Judge, Kathua reversing the order of Munsiff, Billawar dated 20-2-2003.

2. Briefly stated the facts as emerge from the record are that the present petitioner filed a suit for permanent prohibitory injunction in the Court of Munsiff, Billawar against the defendants from raising construction over the property comprising Survey Nos 201, 1960, 1965, 2819 situated at village Barota, Tehsil Billawar claiming himself to be co-owner in possession with the defendants.

3. It was alleged that without partition of the property and without the consent of the plaintiff, the defendants are raising construction over the joint land. The defendant contested the suit on the ground that the property was partitioned by oral partition and both the parties are in possession of half of the share. The defendants further stated that one of the defendants is in the process of raising construction of residential house over 3 Marlas of land fallen to their share.

4. The trial Court initially granted ad-interim injunction maintaining status-quo, but subsequently vide order dated 20-2-2003 vacated the order dated 20-8-2002 granting ad-interim injunction. This order came to be challenged before the learned District Judge, Kathua who vide order impugned reversed the order of the trial Court and issued an injunction restraining the defendants from raising any construction on suit land or causing any damage till final disposal of the suit.

5. Both the parties have argued at length before me and relied upon number of judgments.

Both the Courts below have returned a finding that the parties are joint owners. The defendant has taken a plea of oral partition. However, the specific findings recorded by the appellate Court is that the revenue record do not suggest any partition and property continues to be reflected as joint in the revenue record.

6. Learned District Judge has referred to the judgment of this Court reported in Abhey Singh Vs Gian Singh and others, 1971 JKLR 326 wherein a Single Bench of this Court held that a co-sharer has no right to built on a joint property without the consent of other co-sharer. The Court below has also referred to another judgment reported in 1981 SLJ 487 and relying upon AIR 1981 SC 77 granted the injunction.

7. Mr. Sethi, learned counsel appearing for the petitioner/defendant has relied upon 2002 (1) RCR 803, wherein the Punjab & Haryana High Court relying upon Sant Ram Nagina Ram Vs Daya Ram Nargina Ram, AIR 1961 Punjab 528, held as under:

7. There should be no quarrel so far this proposition of law is concerned that a co-owner must use the joint property in a husband like manner and his use of the joint property is not in any manner inconsistent with the similar right of the other co-owners. In this case, however, the case of the petitioners is that the property sold to them by Narinder Singh, Gurmit Singh and Harjinder Singh sons of Ajit Singh was within the limits of their own share and further they had put the vendees from them in exclusive possession thereof. If that was so, vendees from them cannot be restrained from enjoying that property by raising construction thereon. So this revision is allowed. Temporary injunction allowed to Smt Parkash Kaur by the Courts below is vacated. It is however, made clear that if the defendants raise any construction they will remove that construction without any demur if the portion purchased by them from Narinder Singh etc vide sale deed dated 13/9/1988 falls to the share of either Balwinder Akaur or Parkash Kaur.

8. To the same effect is the judgment reported in case Bachan Singh Vs Swaran Singh, 2000 (3) RCR 70, wherein a Division Bench of the Punjab & Haryana High Court held:-

15. On a consideration of the judicial pronouncements on the subject, we are of the opinion that:

(i) a co-owner who is not in possession of any part of the property is not entitled to seek an injunction against another co-owner who has

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