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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Vinod Kumar – Appellant
Versus
Naresh Kumar – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
This is plaintiff’s appeal against the judgment and decree dated 17.01.2025 passed by the Court of Additional District Judge, Bhiwani, dismissing the appeal against the judgment and decree dated 09.05.2017 passed by the Court of Additional Civil Judge (Sr. Divn.), Bhiwani, vide which the suit of the plaintiff for permanent injunction was dismissed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. Plaintiff filed a suit for permanent injunction restraining the defendants from interfering in the peaceful possession of plot measuring 10 marlas (fully described in the plaint) situated within the revenue estate of village Loharu, District Bhiwani (hereinafter referred to as `the suit property’).
4. It was claimed that the plaintiff was a biswedar of village Loharu and that he had purchased the suit property from one Smt. Saroj wife of Surender Pal, vide registered sale deed dated 21.05.1990. Mutation was sanctioned in favour of the plaintiff on 01.04.2000. After the purchase of the suit property, the plaintiff was handed over possession thereof by Smt. Saroj and the plaintiff had been in possession as own
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
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 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....
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