The key legal principle established is that a co-owner cannot sell more than his share of the co-ownership property so as to bind the other co-owners, unless there is express or implied consent from the other co-owners.

1. The declarant is the revision petitioner.

2. The only point that survives for consideration is this: Is the Taluk Land Board justified in treating the sale of the land measuring 37.22 acres in extent, covered by document No. 2568/50; not on behalf of the petitioner also?

3. Facts relevant to consider this point lie in a narrow compass. The property in dispute is a part of the property covered by Document No.411/50. The property taken in by this document measures 138.90 acres in extent. Going by the said document it can be seen that the property was acquired by the co-ownership consisting of the petitioner, his brother and sitter. The brother sold 37 22 acres as is seen from Document No.2568/50. According to the petitioner this sale must be treated as a sale for and on behalf of the petitioner and his sister also; and if that be so the remaining extent, out of 138.90 acres, should have been treated as belonging to the co-ownership and as such only one third thereof should have been treated as owned/held by the petitioner. The sister died and therefore her share also had devolved on the petitioner. The petitioner therefore contended that he could be treated as having right over only two third share of the remaining property. The Taluk Land Board rejected this contention after entering the finding that the sale evidenced by Document No.2568/50 cannot be treated as a said for and on behalf of the petitioner and his lister also. This resulted in the petitioner being treated as the owner of the remaining property. After giving exemptions be is eligible to have under the Act, the petitioner has been found to be in possession of 88.32 acres of land.

4. The learned counsel for the petitioner submits that the sale evidenced by Document No.2568/50 must be deemed to be a sale for and on behalf of the petitioner and his sister also because himself and the sister had acquiesced in the said transaction. The Taluk Land Board nonetheless has wrongly held otherwise. In support of this argument he relied on three rulings, one of the Allahabad High Court in Kashi Nath vs. Makchhed (A.I.R. 1939 Allahabad 504), one of the Madras High Court in Appasamy v. Sundaram (A.I.R. 1936 Madras 696), and the ether of this Court in Saidali v. Amina Umma (1984 K.L.T. SN 58, Case No.99).

5. This court in the said decision has held that a purchase certificate obtained by one of the co-sharers enures to the benefit of the other co-share, also because the co-sharer who obtained the purchase certificate must be treated as a trustee holding the property on behalf of the other co-sharer also. This is what this court has held:

"Even though the other co-owner were not co-nominee parties to the purchase proceedings, as long as the certificates were obtained by a person who was only a co-owner, the rights obtained will certainly enure to the benefit of the other co-owners as well. This follows in view of the fact that a co-owner in possession will be treated as a trustee".

This principle however would not apply to a case where a co-owner had alienated his share in the co-ownership property. It is relevant in this context to remember the well established principle of law in this regard. One co-sharer cannot sell more than his share of the co-ownership property se as to bind the other co-sharers. However, it is open to one co-sharer to authorise sale of his share in the co-ownership property and such authorisation may be either express or implied. It therefore follows that the sale by a co-owner of anything more than his share in the co-ownership property will not be binding on the other co-sharers unless it be that the other co-sharers have given their consent either express or implied, for such sale. The Madras ruling referred to above has expressed an identical view.

6. The Allahabad decision is on a different footing. Here a co-sharer on behalf of other sharers had executed a deed of exchange in favour of a stranger and the stranger transferee continued in posse