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V. LAKSHMINARAYANAN
Vimala – Appellant
Versus
P. Jagadeesan – Respondent
JUDGMENT :
(V. Lakshminarayanan, J.)
(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the Judgment and Decree passed in A.S.No.78 of 2015 dated 14.07.2017 on the file of the I Additional Subordinate Judge at Erode District in confirming the Judgment and Decree made in O.S.No.262 of 2012 dated 30.04.2015 on the file of the I Additional District Munsif Court at Erode District.)
The present Second Appeal arises out of the Judgment and Decree of the Court of I Additional Subordinate Judge at Erode in A.S.No.78 of 2015, dated 14.07.2017 in confirming the Judgment and Decree of the Court of I Additional District Munsif at Erode in O.S.No.262 of 2012, dated 30.04.2015.
2. The suit in O.S.No.262 of 2012 was presented by the respondent herein seeking for the relief of permanent injunction restraining the defendants, their men, agents, assignees, etc., from interfering in any manner with the plaintiff's common user and enjoyment of suit 'B' schedule mentioned property or to put up any constructions therein. The second relief being for permanent injunction restraining the defendants, their men, agents, assignees, etc., from demolishing the constructio
Co-owners can seek injunctions against each other to protect their rights, and findings from previous suits on common property usage are binding.
The plaintiff's failure to prove exclusive right over the suit lane and the court's reliance on documentary evidence to establish common ownership.
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
The burden of proof lies with the plaintiff to establish their case, and the court will uphold decisions based on evidence presented, rejecting contentions of delay and laches, and the applicability ....
remedy of a co-owner not in possession, or not in possession of a share of the joint property, is by way of a suit for partition or for actual joint possession, but not for ejectment. Same is the cas....
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