Tuesday, March 9, 2010

suit for permanent injunction against co-sharer not maintainable.

2010(1) LAW HERALD (P&H) 168
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
R.S.A. No. 3701 of 2009 (O&M)
Mohinder Singh
v.
Palwinder Singh & Ors.
{Decided on 06/01/2010}
For the Appellant: Mr. G.S. Nagra, Advocate.
IMPORTANT POINT
Co-sharer--Suit land continued to be joint between parties and since no partition had taken place suit for permanent injunction against co-sharer not maintainable.
Specific Relief Act, 1963--Civil Procedure--Injunction--Permanent Injunction--Joint Possession--Father of appellant had filed suit for joint possession for entire land which is pending adjudication--In that case appellant was awarded mesne profit on account of physical possession of suit property which is in hands of respondents--Brother of appellant had sold 5 kanals 19 marlas of land to respondents vide registered sale deed which had proved on record--No material that appellant inherited entire suit property from his father--Nothing to show that suit property stood partitioned amongst co-sharers--Therefore, respondents on strength of sale deed which is acted upon and find mention in revenue record become co-sharer in suit property and since land continues to be joint exclusive possession of appellant as pleaded and claimed cannot be said to be established--His status alongwith respondents can be said to be that of a co-sharer--Co-sharer who is not in equal physical possession of parcel of land cannot claim any injunction against other co-sharer--No infirmity in findings of Courts below that suit land continued to be joint between parties and since no partition had taken place suit for permanent injunction against co-sharer not maintainable. (P.11)

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