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2000 Supreme(P&H) 875

R.L.ANAND
Ram Niwas – Appellant
Versus
Jai Ram alias Tej Ram – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.K. Mittal, Advocate.

JUDGMENT

R.L. Anand, J. (Oral) - Whether a co-sharer/joint owner can change the nature of the joint property by raising construction detrimental to the interest of other co-sharer/co-owner is a point which is going to be adjudicated in the present revision which I am disposing of at the limine stage with the assistance rendered by Mr. S.K. Mittal, the learned Counsel appearing on behalf of the petitioners. The other point which I will determine in this civil revision would be the rights of a co-sharer in the joint holding vis-a- vis other co-sharers. In my opinion, this matter requires to be adjudicated in depth as lot of litigation comes in this High Court on the above propositions which I have just framed above. Before I deal with the case law on this aspect, it will be proper for me to give some facts of the present civil revision which has been filed by Ram Niwas and others against Jai Ram.

2. Jai Ram alias Tej Ram filed a suit for permanent injunction regarding residential plot bearing khasra Nos. 194 and 197 situated within the abadi of village Fejabad alias Pahasor, tehsil and district Jhajjar. The case set up by the plaintiff before the trial Court was that he and defendants






































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