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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Pritam Singh Gill – Appellant
Versus
Dalbir Singh – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This regular second appeal is directed against the judgment and decree dated 02.12.2025 passed by the learned District Judge, Gurdaspur, vide which the appeal instituted by the plaintiff-appellant has been accepted and the judgment and decree dated 09.08.2021 passed by the Court of Civil Judge (Jr. Divn.), Gurdaspur, vide which the suit filed by the plaintiff was dismissed, has been set aside.
2. The case of the plaintiff is that he, alongwith his brothers Santokh Singh, Lakhwinder Singh, Balwinder Singh, Ajit Singh and some other purchasers, is co-sharer in the joint khata of the suit land. Defendant No.1 has purchased 8 kanals, 10 marlas and 7 sarsai of land from Lakhwinder Singh, brother of the plaintiff, to the extent of 1/5 share. Defendant No.1 has also constructed an electric power house adjacent to the disputed house. Now, defendant No.1, in connivance with defendant No.2, wants to make a Pucca Rasta and other construction on the valuable part of the suit property more than his share illegally and forcibly. In case, he is allowed to raise a Pucca Rasta or other construction and to change the nature of the suit land without getting the sa
The plaintiff has to establish substantial loss or injury being caused by the construction being undertaken/raised by co-sharer/co-owner, to tilt the balance of convenience in favor of the plaintiff ....
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 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....
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....
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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