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2020 Supreme(P&H) 1915

ALKA SARIN
Babrubhan – Appellant
Versus
Surender Pal – Respondent


Advocates appeared:
For the Appellant : Mr. Manish Mehta
For the Respondent: Mr. Vijay Pal

Table of Content
1. factual background of ownership and possession (Para 1 , 2)
2. claims and counterclaims by the parties (Para 3 , 4)
3. background of trial court proceedings (Para 5 , 6 , 7)
4. court's analysis of construction activities (Para 8 , 9)
5. legal entitlements of co-owners (Para 10 , 14)
6. judicial interpretations of co-ownership rights (Para 11 , 13 , 15)
7. review of plaintiff’s claims and legal standing (Para 16)
8. conclusion and dismissal of the petition (Para 18)

Judgment

Mr. Alka Sarin, J.:- The present revision petition under Article 227 of the Constitution of India has been filed by the plaintiff-petitioner challenging the order dated 25.06.2020 passed by the Court of Additional District Judge, Narnaul whereby the order dated 05.06.2020 passed by the Additional Civil Judge (Senior Division), Narnaul granting an ad-interim injunction in favour of the plaintiff-petitioner, has been set aside.

2. In brief, the facts relevant to the present lis are that one Rohtas son of Matadin was the owner and in possession of 1/4thshare of land situated in Village Balh Kalan, Tehsil Narnaul, District Mohindergarh, comprised in KhewatNo.112 Khatoni No.173, Killa No.41//12 (8-0) measur

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