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ARUN BHANSALI
Rama – Appellant
Versus
Jasa Ram – Respondent
JUDGMENT
1. This appeal under Section 100 CPC is directed against judgment and decree dated 21.1.2015 passed by Civil Judge (Sr. Division), Jalore and judgment and decree dated 28.11.2019 passed by District Judge (Family Court), Jalore, whereby, the suit filed by respondent -Jasa Ram has been partly decreed and the appeal filed by the appellants has been rejected, respectively.
2. The suit for partition, permanent injunction and possession alongwith mesne profit for use and occupation was filed by the plaintiff against Laxmi Narayan and the appellants inter alia with the averments that plot of land at Bhadrajoon Ki Dhani was jointly purchased by plaintiff and defendant No.l on 27.4.1981; since the date of purchase the plaintiff and defendant No.l are in possession of the plot, boundaries thereof were indicated in the plaint, a patta dated 27.5.1996 was also issued in favour of the plaintiff. It was claimed that after purchase of the plot, plaintiff and defendant No.l constructed six shops and one shop was constructed at the back of shop No.5 and 6 alongwith a water tank etc., the plot was not partitioned, both the parties have equal share, the defendant No.2 was plaintiff's brother,
Ownership and possession of property must be substantiated by clear evidence, particularly in disputes involving family members and claims of joint ownership.
Co-owners of a property have an unequivocal right to seek partition regardless of physical possession or claims of exclusive ownership.
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
The main legal point established in the judgment is that a co-owner who is not in exclusive possession of any part of the property is not entitled to seek an injunction against another co-owner, unle....
The cause of action for partition is independent and recurring, and a previous suit for a different relief does not preclude a suit for partition.
In a joint family property, a permanent injunction against a co-owner is unjustified unless exclusive possession can be established.
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