Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Co-owner in exclusive possession of a specific portion of joint land is entitled to seek protection against interference by other co-sharers and that no co-sharer has right to alter or change the nature of portion under exclusive possession of another - Application rightly allowed...........
Co-sharer -- Injunction - Co-sharer in physical possession of a specific portion of joint land, whose possession is admitted, cannot be restrained from raising construction thereupon - However, any construction raised by the respondents over their exclusive portion, shall remain subject to the final outcome of the partition proceedings...........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction should not be granted against a co-sharer, except in exceptional cases, and certainly not when issue of relationship and legitimacy itself is partly contested between parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Use of tubewell - Electricity connection in the name of defendant - Both the parties are owners to the extent of equal share and joint cultivation reflected in the revenue record - Held, one of the co-sharers of tubewell cannot deprive right of irrigation to other co-sharer by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - In the absence of evidence that plaintiff is in exclusive possession of the property and there had been a partition, suit for permanent injunction against co-sharer is not maintainable - The only remedy for plaintiff would be to seek partition of suit land...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff had been unable to prove his exclusive possession over suit property - Another co-sharer had earlier filed a similar suit against defendant which was withdrawn which fact was not disclosed by plaintiff - Apart from oral testimonies, plaintiff could not establish from any cogent documentary evidence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
