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RAVI NATH TILHARI
G. Venkata Appala Raju – Appellant
Versus
G. Narimani – Respondent
JUDGMENT :-
Heard Sri M. Sree Rama Rao, learned Counsel for the petitioner and Sri S.V.S.R. Subramanyam, learned Counsel representing Mrs. A. Varalakshmi, learned Counsel for the respondent Nos.2 and 5.
2. The petitioner is the plaintiff in OS No.151 of 2018 on the file of Court of X Additional District Judge, Anakapalle. The respondent Nos.1 to 6 herein are the defendants in the said suit.
3. The suit was filed for partition of the plaint schedule property. The plaintiff claimed 1/5th share in the plaint schedule property. The case of the defendants inter alia was that the plaintiff had relinquished his claim by relinquishment deed dated 16.07.2015 in "B" Schedule property of that relinquishment deed. The plaintiff's case was that even after such relinquishment, when in the partition amongst the co-owners (excluding the plaintiff) the plaint schedule property in OS No.151 of 2018 fell to the share of the father of the plaintiff late Rama Rao, on his death of (Rama Rao) the plaintiff will have 1/5th share in the plaint schedule property. The defendants' further case was that the plaintiff did not have 1/5th share but 1/25th share in the plaint schedule property.
4. The 2nd defendant fi
A co-owner can seek injunction against another co-owner to prevent wrongful dispossession, contrary to the trial court's ruling that denied such relief.
One co-sharer out of the many has no right to build on which is joint land without the consent of others notwithstanding that, the erection of such building may cause no direct loss to other joint ow....
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
Injunction - Mere occupation of a portion or entire joint family property by one co-owner does not amount to ouster of other co-owner from said property.
remedy of a co-owner not in possession, or not in possession of a share of the joint property, is by way of a suit for partition or for actual joint possession, but not for ejectment. Same is the cas....
The relief of injunction is a discretionary relief, and the scope for interference in appeal is limited.
Co-sharer suppressing own construction on joint land approaches without clean hands and cannot restrain others from constructing on their exclusive portion; injunction requires proof of prejudice or ....
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