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RITU TAGORE
Surinder Singh – Appellant
Versus
Mehru (since deceased) through LRs – Respondent
JUDGMENT :
(Ritu Tagore, J.) :
This regular second appeal is directed against judgment and decree dated 07.01.1998, whereby the learned First Appellate Court reversed the judgment and decree of learned trial Court dated 15.03.1996 by allowing the appeal and dismissing the suit for permanent injunction filed by present appellants/plaintiffs against the respondent-defendant.
2. For the sake of convenience, parties to the lis hereinafter, shall be referred to by their original status in the suit before the trial Court.
3. Brief facts of the case are that the plaintiffs instituted a suit seeking a decree of permanent injunction, restraining the defendant from raising any construction on a specific portion of land bearing khewat No.87, khatuni No.111, khasra No.506(6-13), situated in the area of village Darapur, Tehsil Phillaur, and from alienating the same without obtaining a partition. The plaintiffs assert that suit land is still joint and has not been formally partitioned between the parties. However, the defendant has threatened to raise construction forcibly on specific portion of the suit land and alienate that specific portion. Despite being requested to desist, the defendant has
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.
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.
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
The main legal point established in the judgment is that a co-owner who is not in exclusive possession of any part of the property is not entitled to seek an injunction against another co-owner, unle....
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
Co-owner not entitled to injunction against another's construction on joint land unless proved to amount to ouster or detriment to rights; requires evidence beyond sole testimony, mere jointness insu....
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
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