Tek Chand, J.

1. On a reference made by P. C. Pandit J. this case has been placed before this Bench for disposal. The question of law which has been referred to us is in the following terms :

"If in spite of protest by one co-owner, another co-owner raises a building on a portion of joint land, not exceeding his own share therein can the aggrieved co-owner obtain a decree for demolition of that building without proving special damage or substantial injury to him?"

As the whole case is before us for decision, the facts of this case may be stated in detail.

2 The following pedigree-table will show the relationship of the parties;

NAGNINA RAM

__________________________________|_________________________

| | | |

Daya Ram Sant Ram Gonda Ram Narain Singh

plaintiff deft. No. 1 | |

_____________________________|____ Gori

| | deft. No. 2

Siri Ram Singh Bansi Lal

deft. No. 3 deft. No. 4

In the C