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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Suraj Bhan (Since Deceased) Through His Lrs. – Appellant
Versus
Lal Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
Suit seeking decree of permanent injunction regarding property in dispute filed by the plaintiff - Ram Deen through his legal representatives (now respondents through his LRs) was dismissed by learned Additional Senior Sub Judge, Narnaul vide his judgment dated 06.05.1988. However, the appeal filed by the said plaintiff through his LRs was accepted by learned Additional District Judge, Narnaul, who vide his judgment dated 05.12.1991 set aside the judgment of trial Court and decreed the suit. Against this reversal, one of the defendants of the suit namely Suraj Bhan-appellant (now through his LRs) has approached this Court.
2. Trial Court Record was called. Same has been perused. In order to avoid confusion, parties have been referred as per their status before the Trial Court.
3. Land in dispute is khasra 468 (0-19) comprised in Khewat no.122/118 Khatauni No.166 situated in Village Begpur, District Narnaul as per the jamabandi for the year 1978-79 (Ex.P-1). It is not disputed amongst the parties that both of them along with others are co-sharers in the said land. The grievance of the plaintiff is that though parties to the suit along with other co-sharers ar
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 can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
(1) Injunction – Such three ingredients are not only to exist but must co-exist – Prima facie case is not to be confused with prima facie title, which requires to be established on evidence at trial.....
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.
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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