CR No. 7919 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7919 of 2010 (O&M) Date of decision:- 6.12.2010 Saleemu ......petitioner vs. Suleman and others ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. S. S. Dinarpur, Advocate for the petitioner HEMANT GUPTA, J (ORAL) Defendant is in revision aggrieved against the orders passed by learned trial Court on 20.2.2010 and by the learned First Appellate Court on 17.11.2010, whereby an application filed by the plaintiff-respondent for grant of ad interim injunction was allowed. It is the case of the plaintiff-respondent that the land in dispute is a joint property and therefore, the petitioner cannot be permitted to raise construction so as to deprive the plaintiff of the joint possession of the suit property. Both the Courts below have allowed the application holding that the suit land is a joint property of the parties and therefore, a co-sharer cannot be permitted to raise construction to the exclusion of the other co- sharer. A Division Bench of this Court in 2003(3) PLR 416, Bachan Singh vs. Sawaran Singh has held that a co-sharer in possession of the property can use the same but it cannot be permitted to raise the construction so as to deprive the rights of the other co-sharers. The findings CR No. 7919 of 2010 -2- recorded by learned Courts below is inconsonance with the Division Bench of this Court. In view of the above, I do not find any ground to interfere with the order passed by the Courts below. Dismissed. (HEMANT GUPTA) JUDGE 6.12.2010 preeti