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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Savitri Devi – Appellant
Versus
Naresh Kumar – Respondent
JUDGMENT :
ALKA SARIN, J.
CM-3495-C-2020
1. For the reasons mentioned therein, the application seeking condonation of 154 days delay in refiling the appeal is allowed. The delay in refiling the appeal is condoned.
RSA-1090-2020
2. The present regular second appeal has been preferred by the plaintiff No.2 (plaintiff-appellant) against the judgements and decrees dated 24.05.2016 and 22.04.2019 passed by the Trial Court and the First Appellate Court dismissing the suit for permanent injunction.
3. The suit for permanent injunction was filed by the plaintiffs - Smt. Mitlesh Devi (plaintiff No.1-respondent No.2 herein) and Smt. Savitri Devi (plaintiff No.2-appellant herein) - averring that they were the owners in possession of the suit land and had raised a boundary wall around it by spending a huge sum of money. Though the defendant-respondent No.1 had no concern with the suit land but he was forcibly bent upon to interfere in the peaceful use and possession of the plaintiffs by ousting them after taking forcible possession and raising construction as well as alienating the suit land. Though the plaintiffs had repeatedly requested the defendant- respondent No.1 not to interfere in their peac
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 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.
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
The right to possess a passage room based on prior possession supported the claim for injunction relief, and the judgment found no reason to interfere with the lower courts' decision.
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