Himachal Pradesh High Court- While deciding an appeal as to whether the suit land is partitioned or is still un-partitioned and in joint ownership of the parties to the suit and construction carried out by the defendant is justified or not, a bench of Dharam Chand Chaudhary J, held that the defendant cannot be permitted to go ahead with construction in violation of the rights and interest of other co-sharers as he is not in exclusive possession of the vacant suit land. The Court stated that the petitioners have successfully pleaded and proved the interference over the suit land by the defendant and threat to their rights and interest caused by such interference. The Court also noted that a co-sharer has every right, title and interest in the joint property even if not in actual and physical possession thereof. The possession of one co-sharer in joint property amounts to possession of all even if the other co-sharers are not in actual and physical possession thereof. Even a co-sharer i...