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...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Co-sharers -- Joint land - Possession of one co-sharer is possession of all co-sharers in the eyes of law...........
Co-sharers -- Joint land - Construction over some portion by one co-sharers - Even, if co-sharer raise construction over some portion, it will be subject to partition and said co-sharer cannot claim any preferential right over a particular chunk of land due to raising of construction over it...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
Co-sharers -- A co-sharer in exclusive possession of property to the exclusion of other co-sharers, has got a right to protect the possession till the land is partitioned - A person who purchases a part of property from a co-sharer, who is not in possession, cannot interfere in the exclusive possession of other co-sharer...........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
