1(a) Heard. I have perused the record.

2. Question for consideration raised is whether appellant nos. 3 & 4, who in their capacity as co-owners are in exclusive and undisputed possession of a residential annexe, which is part of the joint property of the parties, can be allowed to raise construction of first floor on the said annexe without partition of the joint property by metes and bounds. The ancillary question is whether a, co-owner of unpartitioned joint property can claim injunction against another co-owner restraining him from raising construction on a portion of the joint property of which he has been in exclusive possession.

3. Background facts, which are required to be narrated, briefly, are these:

3.1. Undisputedly the suit property comprising of a kothi built on two plots, nos. 21-A & 21-B, situate at Gandhi Nagar, Jammu was purchased, in different shares by the parties (or their predecessors-in-interest) from its owner Sh. Ram Nath Kapoor by virtue of different sale deeds. Half of the property was purchased in the name of appellant no.2, who is wife of appellant no.1 and l/4th each in the name of appellant no.3 and the respondent.