2007 Supreme(All) 2928

[2008(4) ADJ 11 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : TARUN AGARWALA, J.
BAURAM @ DUKHAN AND OTHERS ............Appellants
Versus
MUNNI AND OTHERS ........Respondents
(Second Appeal No. 934 of 1976, decided on 4th December, 2007)

Headnote:Suit—Filing of, for permanent injunction—Restraining defendants from interfering in their possession over the land in question—Court below found that the plaintiffs not in exclusive possession of the land in question—Once a finding has been given that the land was a grove and was not an abadi, no suit for injunction could have been filed in a Civil Court—Plaintiffs to seek an appropriate relief before the revenue Court—A joint co-sharer cannot claim any right or possession over a specified portion of the property, which is held jointly without filing a suit for partition.

       Appeal Dismissed.