Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Against Co-sharer - No injunction can be granted against co-sharer in exclusive possession of his share especially when the plaintiff (co-sharer) himself has been in exclusive possession or has been utilizing his share. M/s DCM Shriram's case, 2006 (1) PLJ 123 relied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer - Exclusive Possession - No injunction can be granted against a co-sharer in exclusive possession of share especially when the petitioner has been in exclusive possession & utilising his share - M/s DCM Shriram Consolidated Ltd. v. Jai Singh, 2006 (1) PLJ 123 relied...........
Co-sharer -- Sale by one of the co sharer in violation of injunction order - Plaintiff purchased land from one co sharer - Appellant purchasing some land from another co sharer - Sale deed executed by co sharer after interim injunction order - Appellant not claiming any right through the vendor of plaintifff - Title of the plaintiff not affected by sale of land in favour..........
Co-sharer -- Suit for permanent injunction - Dispute as to user of tubewell - Tubewell in the name of defendant - Defendant claiming exclusive right and possession over tubewell on account of oral partition - Land jointly owned by parties - No proof of oral partition - Tubewell joint property of co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Injunction - Restraining defendant from raising construction - A co-sharer in exclusive possession for sufficient long time can raise construction - Question of prohibiting to raise construction by the defendant is dependent singularly on the prime facie finding of fact whether there is mutual partition between..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction - Co-sharer - Family partition - Exclusive possession - Trial Court recording a prima facie finding regarding mutual separate possession and exclusive separate possession of all co-sharers for a long period - Declined the application u/s 39 Rule 1 and 2, restraining defendent/co-sharer from raising construction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Sale of specific portion of land - Joint land - No partition by metes and bounds - Co-sharer cannot alienate any specific portion of land - Parties directed to maintain statusquo regarding possession as well as alienation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in peaceful possession - Defendant father of plaintiff owner of entire house - Plaintiff produced no documents showing that nature of property is Joint Hindu Family Property or that he is a co-sharer in any manner - Status of plaintiff cannot be more than a..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Exclusive possession - Plaintiff living in house alongwith his mother - Merely because mother is living with the plaintiff it cannot be said that plaintiff is not in exclusive possession of the house - Held, plaintiff is entitled to the injunction restraining defendants from interfering in his possession over the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Cosharer in joint possession - Suit for injunction to restrain the other co-sharer from selling more than his share and raise construction - Injunction granted as the defendant not found to be in exclusive possession - Order upheld by the High Court and further held that equity demands that the property should be preserved..........
