SILVA v. SILVA.

Co-owners-Right of one co-owner to build a house on the common land, without consent of the other co-owner-Injunction-Insufficient grounds for applying for-Civil Procedure Code, s. 667-Damages.

One co-owner cannot build a house on a land held in common without the consent of the other co-owners.

Section 667 of the Civil Procedure Code, under which the defendant had obtained an injunction to restrain the plaintiff from building on the land held in common, is intended to punish person; obtaining an injunction on more or less frivolous pretexts.

Irremediable damage is not the only sufficient reason for the issue of an injunction.

If upon an application for injunction the Court, in the exercise of its discretion, allows the injunction, and damages result therefrom, it would not be right to punish the applicant for possible errors of judgment on the part of the Court which issued the injunction.

THE plaintiff, alleging himself to be entitled to certain undivided shares of a land called Padinchiwatta, complained that the defendant, having failed to obtain a partition of the said land, maliciously applied for and o