P. K. TRIPATHY, J.

( 1 ) THIS Second Appeal is against the concurrent judgments of the Courts below, i. e. , Munsif, Bhubaneswar in O. S. No. 31 of 1981 and Additional District Judge, Bhubaneswar in Title Appeal No. 5/5 of 1983/82 granting decree both of mandatory and perpetual injunction on the basis of the prayer made by the plaintiff in her suit. Admittedly, the defendants 1 and 3 are the co-owners of plaintiffs and therefore, after hearing the appellants the substantial question of law involved in the appeal was framed as follows :- whether a house constructed by a co-sharer on a homestead which is joint would be sufficient for relief of permanent injunction against another co-sharer who disturbs the possession of the plaintiff-co-sharer?

( 2 ) LATE Kshetrabasi Jena is a co-owner with the defendants and all of them are agnets. Plaintiff No. 1 is the widow and the other plaintiffs are the children of late Kshetrabasi and plaintiff No. 1. The plot under Khata No. 294 which includes plot No. 495, i. e. , the suit land, was acquired jointly by the parties and others and recorded as such in the settlement. These are the facts which are not disputed in the suit as per the pleadings o