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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Jagdish Kumar – Appellant
Versus
Shital Singh – Respondent
JUDGMENT :
Alka Sarin, J.
CM-10895-C-2018
1. This is an application for condonation of delay of 9 days in refiling the appeal.
2. For the reasons stated in the application, delay of 9 days in refiling the appeal is condoned. CM stands disposed off.
RSA-4126-2018
3. The present appeal has been preferred by the plaintiff-appellant challenging concurrent findings returned by the Trial Court vide judgment and decree dated 27.11.2015 and the First Appellate Court vide judgment and decree dated 29.09.2017.
4. Brief facts relevant to the present lis are that the plaintiff-appellant herein filed a suit for permanent injunction averring in the plaint that he alongwith his brothers, sister and real uncle Madan Lal and Bihari Lal, was joint owner in possession of the suit land situated in the revenue estate of Village Maheru, Tehsil Phagwara, District Kapurthala as fully described in the heading of the plaint as per the jamabandi for the year 2008-09 and that he inherited the disputed land from his late father Shiv Raj Kumar, who was also joint owner to the extent of land measuring 27 kanals 04 marlas being 1/3rd share of the total disputed land measuring 81 kanals 12 marlas. It was further averred
A co-owner cannot seek permanent injunction against another co-owner without proof of exclusive possession or ouster. The remedy for a co-owner out of possession is to file for partition, not to seek....
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....
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.
The legal principle established in the judgment is the application of the inter se rights of co-sharers and ownership of the suit property.
In absence of exclusive possession evidence, a co-owner cannot seek a permanent injunction against another co-owner, and must pursue partition for resolution.
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