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RITU TAGORE
Shakti Singh – Appellant
Versus
Darshan Singh – Respondent
JUDGMENT :
Mrs. Ritu Tagore, J.
Being aggrieved by the concurrent findings returned against him, appellant-plaintiff has preferred this regular second appeal against the impugned judgment and decree dated 11.09.2018 passed by the learned Additional District Judge, Gurdaspur, affirming and upholding the judgment and decree dated 02.12.2017 passed by the learned Civil Judge, Junior Division Gurdaspur.
2. For the sake of convenience, parties to the lis hereinafter, shall be referred to by their original status in the suit.
3. Appellant/plaintiff instituted a suit for permanent injunction, seeking to restrain defendants/ their servants/ agents/ attorney etc., from taking forcible possession of the land measuring 4 kanal 19 marla, bearing khewat no.39/30 khatauni no. 33, khasra no. 9//24/1 (1-9) khatauni No.44 khasra no.9//26 (3-10), situated in the revenue estate of village Jahangirpur HB No. 311, Tehsil and District Gurdaspur as per Jamabandi for the year 2014-15 (referred to as the suit property).
4. Plaintiff claimed his exclusive cultivating possession on the suit property, having inherited from his late father Shri Sunder Dass. It is claimed that for the past forty years, he has been c
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
The legal principle established in the judgment is the application of the inter se rights of co-sharers and ownership of the suit property.
Lawful possession as a tenant requires proof of rent payment; mere entries in land records are insufficient.
A co-owner's possession of joint property is deemed possession for all, and exclusive possession must be proven to restrict others' rights.
Co-sharers in joint property can alienate their shares and raise constructions on their portions, subject to partition adjustments; injunctions against such actions are not maintainable.
The main legal point established is that the plaintiff must prove the validity of the Will in accordance with the Evidence Act and that no injunction can be granted against co-owners.
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