JUDGMENT :- The facts found by the courts below are that one Shanker had four sons, namely, Prabhoo, Gayadin, Surajdin and Ram Din (who died issueless). Prabhoo, the defendant appellant as mentioned earlier is the son of Shanker whereas the sons of Suraj Din and Gaya Din sons of Shanker are the plaintiff-respondents.

2. The plot in dispute has been found to be the joint property of the sons and grandsons of Shanker.

3. According to the plaintiff-respondents case the defendant appellant had started making constructions on khata no. 59 area 42 bighas 15 biswas which is the joint property of the parties to the suit, without the consent of the plaintiff-respondents and despite their protests. According to them they lodged a report to the police when the defendant respondent started laying the foundations on 20-1-1960. Despite their protests when the defendants started making constructions on 1-2-66, the plaintiffs filed the suit on 4-2-1966 praying for a mandatory injunction for the removal of the constructions on the land in suit.

4. On 4-2-1966 an application was made on behalf of the plaintiff-respondents praying that an interim injunction should be issued restraining the defendants f

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