JUDGMENT

Alka Sarin, J. - The present regular second appeal has been preferred by the plaintiff-appellant against the concurrent findings of both the Courts below dismissing his suit for permanent injunction.

2. The brief facts relevant to the present lis are that the plaintiffappellant filed a suit for permanent injunction seeking to restrain the defendantrespondents from raising any construction over any specific portion of the suit property fully described in para No.1 of the plaint and also from alienating any specific portion of the suit property on which it was alleged that the parties are co-sharers and the plaintiff-appellant has 2/4 share in the same. It was further averred that the suit property was meant for commercial purposes and the same is abutting to the Nizampur Road and the defendant-respondents were adamant to raise construction over the portion of the suit property abutting the Nizampur Road without getting the same partitioned. Defendant-respondent Nos.1, 2 and 5 denied that the suit property was joint property and it was stated that the property was partitioned by the sons of Ram Bhagat, namely, Deen Dayal, Kishori Lal, Raghbir Singh and Brij Lal in the year 199