What is the principle governing a co-owner’s right to seek or deny temporary injunction against another co-owner in a joint land when possession is not clearly exclusive? What are the required ingredients for granting an ad interim injunction under Order XXXIX, rules 1 and 2 CPC in the context of co-ownership and alleged unauthorized construction? What factors determine whether construction by one co-owner on joint land can be restrained or allowed pending partition or final decision?

Key Points: - (!) Standard criteria for grant of temporary injunction: prima facie case, balance of convenience, irreparable injury. - (!) Court must weigh conduct, potential irreparable loss, and adequacy of damages; citing M/S Gujarat Bottling Co. Ltd. v. Coca Cola Co. - (!) Three basic ingredients (prima facie case, balance of convenience, irreparable loss) must coexist for injunction. - (!) Co-ownership rights: a co-owner has interest in the whole property; possession of joint property by one is possession of all, unless ouster is shown. - (!) Mere construction/improvement does not amount to ouster; injunction may be possible if acts diminish value/are detrimental to others. - (!) In this case, plaintiff failed to prove exclusive possession of Khasra 176; joint ownership and lack of partition affect relief. - (!) Tatima and partition pleadings cannot establish exclusive possession; Jamabandi entries presumed true unless repudiated. - (!) Court upheld dismissal of injunction application; construction pending suit to abide by final outcome. - (!) - (!) Comparative jurisprudence on co-sharers’ rights and criteria for granting or denying injunction. - (!) - (!) Consolation of joint possession unless ouster proven; discretion to grant depends on circumstances.

What is the principle governing a co-owner’s right to seek or deny temporary injunction against another co-owner in a joint land when possession is not clearly exclusive?

What are the required ingredients for granting an ad interim injunction under Order XXXIX, rules 1 and 2 CPC in the context of co-ownership and alleged unauthorized construction?

What factors determine whether construction by one co-owner on joint land can be restrained or allowed pending partition or final decision?