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2015 Supreme(HP) 623

TARLOK SINGH CHAUHAN
Ashok Kapoor – Appellant
Versus
Murtu Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Rajneesh K.Lal, Advocate.
For the Respondent:Mr. B.S.Attri, Advocate.

Judgement Key Points

The legal principles established in the provided document clearly indicate that a co-owner of joint property does not have an absolute right to raise construction or make exclusive use of the entire property without the consent of the other co-owners. Possession of joint property by one co-owner is generally deemed to be on behalf of all, and such possession does not amount to ouster unless it is hostile, exclusive, and adverse to the interests of the other co-owners (!) (!) (!) (!) (!) (!) .

Furthermore, a co-owner cannot unilaterally alter the nature or use of the joint property in a manner that causes substantial loss or injury to others, especially when the property remains undivided and the rights of all co-owners are recognized (!) (!) (!) (!) (!) . Any act that diminishes the value or utility of the property or prejudices the rights of other co-owners can be restrained through an injunction, but only if such acts amount to ouster or are detrimental (!) (!) (!) (!) (!) .

In addition, the right to seek an injunction is subject to the demonstration of a prima facie case, potential for irreparable harm, and the balance of convenience in favor of the party seeking relief (!) (!) (!) . The courts exercise their discretion judiciously, ensuring that no undue harm is caused to any co-owner and that the principles of justice and equity are upheld (!) (!) .

Based on these principles, a co-owner's attempt to raise construction or alter the joint property without the consent of other co-owners, especially when such acts could cause substantial loss or injury, is generally not permissible. Such acts may be restrained through appropriate legal remedies, including injunctions, provided the proper legal criteria are satisfied.


Judgment :

Tarlok Singh Chauhan, Judge.

This petition under Article 227 of the Constitution of India is directed against the order passed by the learned District Judge, Kullu, on 21.11.2013 whereby he affirmed the order dated 22.05.2013 passed by the learned Civil Judge (Junior Division), Manali, District Kullu, and allowed the application filed under Order 39 Rule 1 and 2 CPC for grant of injunction filed by the applicant and at the same time dismissed the application preferred under Order 39 Rule 4 CPC.

2. The brief facts of the case are that the respondent-plaintiff filed a suit for declaration and injunction restraining the petitioner/defendant from raising any sort of construction over the suit land comprised in Khasra Nos. 877 and 878, Khatauni No.10 of Khata No.10, measuring 0-04-49 hect. and land measuring 0-02-85 hect. comprised in Khasra No.876 contained in Khatauni No.168 of Khata No.107, situated at Muhal Parsha Phati Shaleen Kothi, Manali, tehsil Manali, District Kullu. It was alleged that the suit land was previously owned and possessed by Dinu Ram to the extent of ½ share and S/Sh. Chetu and Dhalu, both in equal shares to the extent of ½ share. It was alleged that the





























































































































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