Civil Rev. 7045 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 7045 of 2008 Date of decision: 10.8.2009 Raj Singh Petitioner vs Daya Nand Respondent Present Mr. PR Yadav, Advocate Mr. RS Malik, Advocate. M.M.S.BEDI,J. Plaintiff- petitioner and defendant-respondent admittedly are co-sharers in suit land measuring 71 kanals 4 marlas, which is situated in revenue estate of Village Badshahpur as described in para 1 of the plaint. The trial court as well as the lower appellate court have restrained the defendant- petitioner from raising any construction over the property without getting the same partitioned. Learned counsel for the petitioner has relied upon the report of the Local Commissioner dated 1.9.2008 indicating that construction of shops is already in progress on the spot. It is apparent that the construction is not being raised on a land beyond the share of the defendant- petitioner. Taking into consideration the ratio of judgment in Bachan Singh vs Swaran Singh AIR 2001 Punjab and Haryana 112, that a co-sharer in exclusive possession of the entire or part of the property cannot be restrained from enjoying the ownership of the property by raising a construction. The trial court ought not to have restrained the defendant- petitioner from raising any construction but it requires to be made clear Civil Rev. 7045 of 2008 2 that as the construction is of recent origin, the defendant will not be entitled to get the benefit of the said construction, in any manner, during the partition proceedings the possession and value of the property, on which the construction has been raised by the defendant during pendency of the case will not affect the merits of the partition proceedings. Besides this, learned counsel for the defendant- petitioner has given an undertaking that the defendant will not claim any benefit of the construction being raised by him on the jointly owned land in dispute and the entire construction would be subject to the final decision of the civil suit as well as the partition proceedings. The revision petition stands disposed of in the above terms. August 10 ,2009 ( M.M.S.BEDI ) TSM JUDGE