Co-owners -- Plea of ouster - To constitute ouster, there must be, for an ouster, a hostile open denial and repudiation of rights of other co-owners and this denial or repudiation must be brought home to co-owners - This does not necessarily mean that co-owner sought to be ousted or excluded should be informed or told as such by other co-owners - Therefore, ouster does..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Property in question was jointly owned by members of same family - Possession of plaintiffs was in a representative capacity being co-sharer - Merely because a particular co-sharer is not in possession and is residing out of village is not sufficient to prove ouster - Plaintiffs..........
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 raised the construction over the..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in possession, and exclusion and ouster..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in possession, and exclusion and ouster..........
Adverse possession -- Co-sharer - No adverse possession can be claimed by other co-sharer, in the absence of any evidence of ouster of a co-sharer...........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Adverse possession -- Co-sharer - If a co-sharer is in possession of entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been complete ouster of other co-sharers...........
Co-owner/Co-sharer -- Adverse possession - A co-owner's possession of common property is not prima facie adverse against another co-owner, because such possession is considered as one on behalf of all co-owners, except when there is clear proof of ouster or assertion of a hostile title...........
Adverse possession -- Co-sharer - Possession of one co-sharer is possession of all co-sharers - There can be no adverse possession against co-sharer in the absence of complete ouster - A co-sharer through out recorded in the revenue record as such petitioner cannot be treated to be in adverse possession...........
