Jadunath Lal and Another vs Bachhu Lal

Chamier, J.—On the pleadings it is admitted that the land on which the defendants propose to build is the joint land of the parties. The defendants did not set up a title to the land by adverse possession. The issue fixed did not suggest adverse possession and there was no finding that the defendants have held adversely to their co-sharers. All that is found is that the defendants have been in separate occupation or have had made separate use of the land. This does not entitle them to erect permanent structures on it against the wishes of their co-sharers. The appeal is dismissed with costs.