T.H.B.Chalapathi, J.

1. Injunctive relief, permanent or temporary is very commonly sought and granted; hardly a day passes without the Civil Courts dealing with questions concerning this relief. If the principles governing the grant or refusal of this common statutory relief are not well understood, injustice ensues. This prompted one of us (T.H.B. Chalapathi, J.) to refer this revision to a Division Bench after noticing an apparent conflict in the decisions rendered by Single Judges of this Court.

2. The controversy for our consideration is whether a co-owner of the property is entitled to seek an injunction against other co-owner who has been in exclusive possession of the entire or part of the property restraining him from making any construction in that part of the property.

3. In the case of common property the joint tenants or tenants-in-common, all of them are entitled to the said property and are entitled to enjoy the same. If one of them alone holds or occupies the entire property or part of it, his possession cannot be said unlawful. His physical possession is that of an owner of this own interest and also that of an agent as to the other co-owners. Therefore, the