Permanent & Mandatory Injunction–Decree of demolition of disputed construction, passed by First Appellate Court–Sustainability–Property in dispute is the joint property of parties and the partition has not taken place–First Appellate Court passed the impugned decree without pondering over the act of acquiescence on the part of plaintiff and without considering about the factum that the construction had been raised by the defendant long back from the date of filing the suit and there was not resistence from the side of plaintiff and his family members–When the suit for partition has not been filed and there is a dispute between parties as to which portion of chowk and Pol in haveli is left for common use and occupation, it would be harsh and unjust to sustain the decree–After filing the present suit in the year 1969, parties have raised additional constructions than the disputed construction on the joint and common portion of chowk, Pol and open land in front and back of haveli in question–Due to subsequent events of raising the additional construction by the other co-owners, it would be highly improper to sustain the impugned decree–Decree quashed and set aside.
