IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.543 of 2007 (O&M) Decided on : 22.10.2009 Dewan Chand & another ... Appellants versus Tarsem Lal & another ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. H.R.Bhardwaj, Advocate for the appellants. Mr. Arun Jindal, Advocate for the respondents. **** 1.Whether Reporters of local newspapers may be allowed to see the judgment? 2.To be referred to the reporters or not? 3.Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This appeal has been filed against the judgment of the Lower Appellate Court accepting the appeal of the respondent and thereby dismissing the suit of the appellant claiming injunction against his brother – respondent for restraining him from raising a wall which would block his access to his portion of the property. The following question has been proposed: i) Whether a co-owner/co-sharer can appropriate to himself any part of the joint property without partition? As such the proposed question is question of law but on fact the ld. Appellate Court has found that there was no jointness in the property and each party owned the property as RSA No.543 of 2007 (O&M) -2- individuals after the death of the father since the appellant had purchased the defined portion from the third brother. Learned counsel for the appellants has not been able to show me that the findings of independentness are either based on no evidence or are based on such misreading of evidence which renders them so perverse as to be liable for interference under Section 100 of CPC. Consequently, this appeal is dismissed. No costs. October 22, 2009 (AJAY TEWARI) sonia JUDGE