Kishan Chand Saini vs Krishan Singh Saini on 3 June, 2010
6. It is alleged that the plot in question is joint and in joint
possession of all and no one can stop any one to enter the plot as it is a joint
family property and remains undivided till date. The defendant No. 1 or
any one else has no right to use the material lying on the plot of land. The
wife of Shri Raj Kumar Saini & Smt. Krishna Saini, defendant No. 1 are
real sisters and as such the defendant No. 7 has a joint interest with the
defendants No. 1 to 5. The defendants No. 1 to 5 & 7 are extending threats
jointly to the plaintiff for dispossessing them from their joint possession
forcibly and to raise unauthorized construction on the suit land without
permission or consent of all other coowners. Hence, the plaintiff has no
other efficacious remedy except to file the present suit for passing a decree
for permanent injunction thereby restraining the defendants No. 1 to 5 & 7
from raising any construction on the said plot of land. The plaintiff has also
prayed for restraining them from dispossessing the plaintiff from the said
plot of land forcibly otherwise in due course of law.
Suit No. 267/2005 Krishan Kumar Saini Vs. Krishna Saini & Others