Vinod K.Sharma, J.

1 This regular second appeal is directed against the judgment and decree dated 9.2.2010, passed by the Teamed lower appellate Court, vide which the suit filed by the plaintiff/respondent No. 1 for permanent/mandatory injunction, restraining the defendant/appellant from raising any pucca wall around killa No.19 rectangle No.34 where the tubewell and kothri exist i.e. that part and parcel of the suit land, as detailed in para No.1 of the plaint, was partly allowed.

2 The parties are co-owners, in joint possession over the suit land, as detailed in para No.1 of the plaint. There exists a tubewell and kothri in killa No. 19(7-14), which is part and parcel of the land detailed in para No.l of the plaint. The case of the plaintiff/respondent No.l was, that the defendant/appellant was adamant to raise pucca four walls around killa No.19, where the tubewell of the parties exists, so as to debar the valuable rights of the plaintiff, to use the tubewell. The suit was contested by the defendant/appellant, by raising preliminary objections. On merit, it was claimed by the defendant/appellant, that he was exclusive and sole owner in possession of the tubewell in quest