Co-sharers -- One co-sharer can file a suit for possession and the decree so obtained would enure for the benefit of all joint owners...........
Mutation -- Co-sharer - Mutation challenged - Mutation not in accordance with the contents of the sale deed - Held, co-sharer has a right to challenge the same...........
Partition Act, 1893, Section 4 -- Applicability of the provision - Necessary conditions are (i) the house should be owned by an undivided family; (ii) the share of a co-sharer therein should have been transferred to a person who is stranger to the family; (iii) the transferee should have sued for partition; and (iv) a member of the family being share-holder claims and..........
Limitation Act, 1963, Article 65 -- Co-sharers - Adverse possession - Exclusive possession of a co-sharer does not amount to adverse possession against other co-sharers unless such possession is exercised by ousting the other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary mandatory injunction - Suit for prohibitory injunction restraining co-sharer from transferring his share in family dwelling house to stranger - Temporary mandatory injunction granted after hearing the parties directing stranger to remove his articles and vacate family dwelling house - Held, order is not illegal on..........
Transfer of Property Act, 1882, Section 53A, 44 -- Family dwelling house - Suit for injunction restraining co-sharer from transferring his share in family dwelling house to stranger - Grant of temporary injunction - Cannot be challenged on ground that the buyer having been in possession prior to suit, the said situation cannot be interfered with. (Civil Procedure Code,..........
Transfer of Property Act, 1882, Section 44 -- Family dwelling house - Transfer by co-sharer to a stranger - Buyer cannot have right to joint possession - His right will be restricted right for enforcement of partition - Applicability of S.44 cannot be denied on ground that all parties were Muslims and that there is no concept of undivided family among Muslims. (Partition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Plaintiff co-owner/co-sharer in the disputed property - Plaintiff had himself raised construction without the partition of the disputed property - Held, it is not open to him to seek equitable relief of injunction from the Court...........
Adverse possession -- Co-sharer - Ouster - Meaning - Means dispossession of one co-owner by another where a hostile title is set up by the latter and where the occupation of the latter is not without ownership. (Limitation Act, 1963, Art.65)..........
Adverse possession -- Co-owner - Mere non participation in the rent and profits of the land of a co-sharer does not amount to an ouster so as to give title by adverse possession to the other co-sharer in possession. (Limitation Act, 1963, Art.65)..........
