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ALKA SARIN
Tarsem Singh – Appellant
Versus
Major Singh – Respondent
JUDGMENT
ORDER
Alka Sarin, J. - CM-15294-C-2019 and CM-15295-C-2019
1. The present applications have been filed for impleading the legal representatives of the original plaintiff and the original defendant No.1 who are stated to have died during the pendency of the appeal before the lower Appellate Court.
2. For the reasons mentioned in the applications, the same are allowed and the legal representatives of the original plaintiff and the original defendant No.1 are impleaded as parties in the present appeal, subject to all just exceptions.
RSA-5381-2019
3. The present regular second appeal has been preferred by the plaintiff-appellant against the judgements and decrees passed by both the Courts below whereby his suit for permanent injunction has been dismissed.
4. The case of the plaintiff-appellant is that he along with his brothers, Harbans Singh and Jarnail Singh, are in exclusive possession as cosharers in land measuring 14 Marlas in the area of Village Chak Guru, Tehsil Garhshankar comprised in Khata No.48/76, Khasra Nos.1857/1469 (0-14). The brothers of the plaintiff-appellant are residing in England and the plaintiff-appellant is cultivating their share in the suit land. It is furt
A co-owner not in possession cannot seek injunction unless there is ouster or acts detrimental to the interests of other co-owners.
The legal principle established in the judgment is the application of the inter se rights of co-sharers and ownership of the suit property.
A co-owner cannot seek permanent injunction against another co-owner without proof of exclusive possession or ouster. The remedy for a co-owner out of possession is to file for partition, not to seek....
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
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.
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