Judgment

Mr. Sudhir Mittal, J.

The petitioner is the plaintiff. He has filed a suit for injunction restraining the respondent from alienating more land than his share and also for restraining him from raising construction during the pendency of the suit on Khasra No.645. Along with the suit, an application under Order 39 Rules 1 and 2 CPC was also filed, which was partially allowed by the trial Court. The defendant-respondent was restrained from alienating more than his share. However, the relief of restraining raising of construction was rejected. Appeal against the said order has been dismissed by the learned Appellate Court.

2. Learned Senior counsel for the petitioner has submitted that revenue record in the shape of Jamabandi for the year 2016-17 as well as Khasra Girdawari for the year 2020-21 establishes beyond doubt that the land in dispute is joint land. The defendant-respondent submitted a wrong site plan (Annexure P-9) to mislead the revenue authorities ceased of the matter of partition. The correct site plan is Annexure P-10 and its correctness is proved from Aks Shajra (Annexure P-11) with which it tallies. In case, the defendant-respondent succeeds in raising constructi