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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, J
Dharam Singh – Appellant
Versus
Lekh Ram – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Appellants are defendants in present matter, whereas, respondent is plaintiff, in Civil Suit No.70 of 2015, titled as Lekh Ram vs. Dharam Singh & others, in the Court of Civil Judge (Junior Division), Court No.4, Mandi, H.P., filed for permanent prohibitory and mandatory injunction against the defendants on the ground that the suit land is in joint ownership and possession of the plaintiff, defendants and other co-sharers and property has not been partitioned, but defendants without getting the land partitioned have started raising construction on the valuable portion of the suit land on 15.02.2015 by occupying valuable portion forcibly for their personal use without consent and permission of the plaintiff and other co-sharers and construction raised as such shall cause irreparable loss and injury to the plaintiff and other co-sharers which cannot be compensated otherwise.
2. Defendants contested the suit by filing written statement stating therein that suit land, though, is in joint ownership and possession of the parties, but parties are residing separately in their houses and cultivating and possessing the land separately from each other by raising
Co-owners cannot raise construction on joint property without consent from other co-owners, and must substantiate claims of irreparable loss to obtain an injunction.
(1) Injunction – Such three ingredients are not only to exist but must co-exist – Prima facie case is not to be confused with prima facie title, which requires to be established on evidence at trial.....
Civil Law - Grant of Temporary Injunction - Rights and Liabilities of Co-owners - A co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property....
Co-owner not entitled to injunction against another's construction on joint land unless proved to amount to ouster or detriment to rights; requires evidence beyond sole testimony, mere jointness insu....
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 ....
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
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