Partition–Decree of–Trial Court passed the decree of partition by dividing the land into two equal shares, however, the portion of pacca construction was given to the plaintiff with the observation that it was constructed by him–Construction made on the joint property is always considered as part and parcel of the joint property and no one can claim his exclusive ownership of the said property on the ground that the construction was raised by him–Further, it is not the duty of the Commissioner to decide that which of the specific share would go to the plaintiff or defendant–Appellant is entitled to receive the difference amount of Rs. 75,000/- in lieu of pacca construction.
