In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 6838 of 2008 (O&M) Phool Singh ... Petitioner vs Kabul Singh .... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Mukesh Yadav, Advocate, for the petitioner. Rajesh Bindal J. Challenge in the present petition is to the order passed by the learned court below in a suit filed by respondent-plaintiff seeking restraint against the petitioner-defendant from raising construction on a specific portion of the land which is still unpartitioned. Both the courts below restrained the petitioner from raising any construction. Learned counsel for the petitioner submitted that the petitioner is in possession of specific portion measuring 6 kanals 6 marlas of the joint property since long. In fact, there is katcha construction already existing where the petitioner is living in a tin shed. It is only that he is seeking to replace the tin shed with a pakka roof and plaster the walls. The stand of the petitioner was not accepted by the learned courts below and his prayer was rejected on the ground that the same would prejudice the claim of the respondent-plaintiff. It is not disputed that the partition proceedings are pending before the competent authority. It has also been noticed by the learned court below in the impugned order that during arguments option was given to the petitioner-defendant by the respondent-plaintiff to agree for any of the four portions as per the partition plan prepared by him but he refused to agree with any of them. Once the petitioner is not agreeing with the partition in terms of the plan prepared by the respondent- plaintiff, it would not be in the interest of justice to allow him to raise pacca construction on a specific portion, though in his possession, as the same may prejudice the claim of the respondent-plaintiff in partition proceedings. Accordingly, the revision is dismissed. 28.4.2010 ( Rajesh Bindal) vs. Judge