Showing : 1-10 of 17 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38, 39-- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Co-sharer - Restraining other co-sharer from raising construction - Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer - By raising construction, value and utility of property will not be diminished - No injunction..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Co-sharer-- A co-sharer not in possession - Remedy is to seek partition - However, a co-sharer out of possession can seek relief of permanent injunction, if by the act of another co-sharer in possession, the value or utility of the property is diminished or such acts of the co-owner in possession are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Co-owner-- Co-owners in possession of several separate parcels under an arrangement consented by others cannot be disturbed by other co-sharers except by filing a suit for partition - A co-sharer, in exclusive possession of a specific portion with the consent of other co-sharers, can use that portion..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer - Injunction suit by one co-sharer against other co-sharer- Plaintiff/co-sharer himself raised construction on part of property in his possession - Plaintiff cannot agitate that raising of construction by other co-sharer would amount to wasting or illegal use of property -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37-- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-owners - Private partition - Each of the co-owners in possession of a specific area and plaintiff raised construction of three shops and leased out land in favour of a brick kiln owner - Private partition is possible even in the absence of an order passed by authorities..........

Showing : 1-10 of 17 Results