ANIL KSHETARPAL, J.

1. Plaintiff-appellant is in the regular second appeal against the judgment passed by the learned first appellate court reversing the judgment of the trial court.

2. Plaintiff Kamal Kumar Malhotra filed a suit for permanent injunction restraining the defendant-Roshan Lal Monga from alienating in any manner any specific portion of Shop No.30, Sabji Mandi, excess than his share and restraining the defendant from making any construction on any specific portion. It was the case of the plaintiff that the parties are co-owners in possession of the property referred to above i.e. Shop No.30.

3. Defendant contested the suit by pleading that the plaintiff is not co-owner in possession of the property. On completion of the pleadings, the learned trial court first framed the following issues:-

“1. Whether the suit property was allotted to both the parties by New Mani Township, Punjab, Chandigarh?

2. If issue No.1 is proved, whether the plaintiff is entitled to injunction as prayed for?OPP

(3) Whether the suit is not maintainable in the present form?OPP

(4) Whether the plaintiff has got no cause of action to file the present suit?OPD

(5) Whether the plaintiff has got no l