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HIGH COURT OF JAMMU AND KASHMIR
RAJ KUMARI AND OTHERS – Appellant
Versus
LAKHMI CHAND – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The civil suit came to be commenced by three plaintiffs, namely, Raj Kumari, Sham Parsad, Jagdish Kumar against Lakhmi Chand. The suit so filed by the said three plaintiffs came to be on file No. 210/Civil of 2006 before the court of Sub Judge, Poonch.
3. Through the medium of the suit, the said three plaintiffs sought a decree of permanent prohibitory injunction for restraining said sole defendant-Lakhmi Chand with respect to suit land measuring 7 marlas in khasra No. 1565/3 new (3014/772 old) forming subject matter of sale deed dated 09.10.1969 and land measuring 9 marlas comprised in khasra No. 1566/1 in located in City Poonch.
4. The suit went to contest generating the following issues:
“Issue No. 1 - Whether the injunction suit in present form against co-sharer/co-owner is not maintainable? (OPD)
Issue No. 2- Whether this suit of plaintiffs is hit by the principle of Resjudicate. (OPD)
Issue No. 3- Whether plaintiffs are in possession of half share in suit land i.e. land measuring seven marlas in Kh. No. 1563/3 and one marla in Kh. No. 1566/1 situated at Poonch City? (OPP)
Issue No. 4- Whether ancestral kaccha house which is existin
A suit for permanent prohibitory injunction against a co-owner is not maintainable unless a formal partition has occurred, reaffirming the principle of joint ownership.
A co-owner cannot seek an injunction against another co-owner regarding shared property; the appropriate remedy is partition.
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
Orders passed in partition proceedings are to be adjudicated by Revenue Courts.
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