Co-sharers -- If any co-sharer has made construction on the joint family property without any partition such construction can be made available in the joint property for partition when the shares of the parties are determined - Such co-sharer cannot claim exclusive ownership rights over such constructions since it would fall within the ambit of the joint undivided..........
Co-sharers -- Demolition of construction made by any co-sharer in excess of his share - The right of the co-sharers in a joint property cannot be the only reason to grant relief of demolition when such right has been infringed by another co-sharer - Facts and circumstances of each case have to be considered independently - Where such circumstances indicate that the..........
Co-sharers -- Injunction against other co-sharers - A co-sharer can seek relief of injunction against other co-sharers when such co-sharer is in exclusive possession to the exclusion of other co-sharers - However, when possession of all co-sharers is joint, relief of injunction cannot be sought by either of the co-sharers and the only relief which is available to the..........
Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Defendant raising the plea that partition took place in between the parties and respective shares were demarcated and they were in possession over their respective shares - No evidence which establishes partition between the parties - Property jointly held by the parties - Compromise on..........
Suit for partition -- Court fee - Fixed Court fee is to be paid as possession of one of the co-sharer is possession on behalf of all the co-sharers...........
Co-owner -- Alienation of joint property by a co-sharer amounts to alienation out of the share - Even alienation of specific khasra number or specific portion amounts to alienation of share which is subject to adjustment at the time of partition...........
Punjab Land Revenue Act, 1887, Section 111 -- Co-sharer - There can be no severance of status of co-sharer with the preparation of Naksha B - However, after the instrument of partition is prepared, status of co-sharer comes to an end...........
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 according to his own requirements and wishes and cannot be restrained by..........
Partition -- A purchaser from one co-sharer cannot insist that he should be allotted a particular portion of the property in dispute...........
