Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for recovery of possession u/s 6 of Specific Relief Act - Petitioner claiming himself to be co-sharer of the property in question and claiming to be in joint possession and joint ownership of property - This plea is not tenable taking into consideration..........
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..........
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..........
Co-sharer -- A coparcener or co-sharer can alienate to the extent of his share, but he cannot alienate any specific piece of land...........
Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
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..........
Joint Family Property -- Co-sharers - Co-sharer/co-owner is the owner of every inch of the land till such time partition is not effected...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Co-sharers - Plaintiff cannot seek a blanket prohibitory injunction decree against defendants, who are admittedly co-sharer with him in the suit property, joint holding...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Property in question is till date a joint property - Plaintiff is co-sharer and there being a prima facie case having been made out and also having balance of convenience and inconvenience in his favour - Order of status quo thus, passed in respect of suit land in respect of parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
