1. This appeal was admitted to hearing on 21.08.2003 on the following substantial question of law:-

“Whether a co-owner can seek an injunction, restraining the other co-owner from using a joint property or raising construction thereon without seeking relief of partition?”

2. I have heard learned counsel for the parties at length on the aforesaid question of law. Before I proceed to deal with the rival contentions, it would be appropriate to refer to the factual matrix in the context of which, this Civil Second Appeal has arisen.

3. The appellant herein was defendant in the trial Court. The respondent herein was the plaintiff who had filed the suit for permanent prohibitory injunction against the defendant, who is appellant herein. To avoid confusion, the parties are hereinafter referred to as “the plaintiff” and “the defendant”. The suit filed by the plaintiff against the defendant was for seeking a decree of permanent prohibitory injunction; with a further relief of mandatory injunction on the ground that the plaintiff and the defendant were joint owners in possession of the land measuring 4 kanals 10 marlas comprised in Khasra No.703 situated in village Dhanori, Tehsil Udh