Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Ravinder Singh Saini – Appellant
Versus
Nanda Ballabh Bhatt – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the plaintiff-appellant challenging the judgments and decrees dated 19.04.2017 and 14.11.2017 passed by the Trial Court and the First Appellate Court, respectively, dismissing his suit for permanent injunction.
2. The brief facts relevant to the present lis are that the plaintiff-appellant filed a suit for permanent injunction against the defendant-respondents averring that he is a co-sharer and in possession of the suit land and that the defendant-respondents have no concern, right or title over it. It was alleged that the defendant-respondents wanted to raise construction over the portion of the plaintiff-appellant though the suit land had not been partitioned till now and though the plaintiff-appellant had requested the defendant-respondents several times not to raise construction without any partition, but they did not pay heed to his requests. Hence, the suit. The defendant-respondents filed written statement raising preliminary objections regarding maintainability, cause of action, locus standi, estoppel, concealment of true facts, mis-joinder and non-joinder of necessary parties, limitation, proper court fees an
In absence of exclusive possession evidence, a co-owner cannot seek a permanent injunction against another co-owner, and must pursue partition for resolution.
Co-sharer suppressing own construction on joint land approaches without clean hands and cannot restrain others from constructing on their exclusive portion; injunction requires proof of prejudice or ....
(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-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property absolutely and simply because he is a co-owner unless any act of person in possessi....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
