AIR 1941 ALLAHABAD 353

Allahabad High Court

Hon'ble Judge(s): Dar , J

Cosharers - Cosharer A on plot measuring one bigha and four biswas of joint land planting garden and nursery - As result of litigation other cosharers put in joint possession of plot but A declared entitled to maintain his garden and nursery - Subsequently A constructing small 'building over plot on land measuring six by six yards for purpose of garden and nursery - Suit by other cosharers for demolition of building and injunction restraining A from making fur¬ther encroachments - Building held could not be demolished as A could not be said to have enlarged stop reserved to him for use of land 4 to maintain garden and nursery - Plaintiff held untitled to injunction for further encroachments. One of the cosharers A planted a largo number of trees and established a garden and a nursery over a plot measuring one bigha four biswas of the joint land. As a result of litigation between the parties the other cosharers were put in joint possession of the plot but A was declared entitled to maintain his garden and nursery and to that extent he was entitled to put the plot under exclusive use. Subsequently for the purpose of his garden and nursery, A put up a small building over the plot on a land six by six yards whereupon the other cosharers instituted a suit for the demolition of the building and for injunction restraining A from making further constructions on the ....