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ANIL KSHETARPAL
Suman Devi – Appellant
Versus
Himanshu – Respondent
| Table of Content |
|---|
| 1. background of land dispute and transfers. (Para 1 , 2) |
| 2. trial court's decisions and ongoing construction status. (Para 3 , 4) |
| 3. arguments presented regarding the injunction and rights. (Para 8 , 9 , 10) |
| 4. court's application of legal tests for injunction. (Para 11 , 12 , 13 , 14) |
| 5. final order and closure of miscellaneous applications. (Para 15 , 16 , 17) |
JUDGMENT
Anil Kshetarpal, J. (Oral)
The petitioners before this Court are the defendants in plaintiffs suit for grant of decree of permanent injunction restraining them from raising construction. There is a serious dispute between Sh. Satyavir Singh and Smt. Birmati on the one side and Smt. Saroj Kumari and her son Sh. Himanshu on other side. Smt. Saroj Kumari is daughter-in-law of Sh. Satyavir Singh and Smt. Birmati. The total land holding of the family is 122 kanal and 2 marlas located in village Jhojhu Kalan, Tehsil and District Charkhi Dadri. In the beginning, Sh. Narender son of Sh. Satyavir Singh executed a transfer deed on 21.01.2021 in favour of his father Sh. Satyavir Singh with respect to 27 kanal and 1.80 marlas. Subsequently, Sh. Satyavir Singh transferred the land measuring 71 kanal and 7.16 marlas i
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.
Once permission to change land use has been granted and construction has commenced, the party seeking injunction must prove strong grounds to justify stopping the construction.
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....
Agreement to sell – Doctrine of Lis Pendens – Purchaser of property during pendency of suit cannot claim that he is a necessary party in pending suit – Although a coparcener or co-sharer can alienate....
Civil Law - Grant of Temporary Injunction - Rights and Liabilities of Co-owners - A co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property....
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