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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Diljinder Singh @ William Singh Sandhu – Appellant
Versus
Chandan Ram – Respondent
JUDGMENT :
Pankaj Jain, J.
Petitioner is the defendant in the original suit. Respondents-plaintiffs filed suit for permanent injunction seeking decree of restrain against the defendant and his agents, servants from interfering or dispossessing the plaintiffs from land described in the head note of the plaint admeasuring 111 bighas 18 biswas situated at village Passiana, Teshil and District Patiala in any manner except by way of partition.
2. It was claimed by the plaintiffs that the suit land is a joint land. Defendant claims to have purchased a share thereof admeasuring 28 bighas 1 Vi biswas vide sale deed dated 04.07.2002. On the strength of the said sale deed, the defendant-petitioner intends to dispossess the plaintiffs. Alongwith plaint, plaintiffs filed application under Order 39 Rule 1 and 2 seeking interim injunction. The suit is being contested by the defendant. Defendant asserted that he purchased part of the suit land vide sale deed dated 04.07.2002. He being co-sharer in joint possession of the suit land, simple suit for permanent injunction by a co-sharer against the co-sharer is not maintainable.
3. Trial Court vide order dated 12.12.2022 allowed the application filed by
A co-owner's possession of joint property is deemed possession for all, and exclusive possession must be proven to restrict others' rights.
The legal principle established in the judgment is the application of the inter se rights of co-sharers and ownership of the suit property.
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.
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
(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.....
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
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