Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in possession, and exclusion and ouster..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in possession, and exclusion and ouster..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Any co-sharer/co-owner who is out of possession can very well seek an injunction against other co-owner in possession of property, if acts of co-owner are detrimental to interest of co-owner not in possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for injunction - Co-sharer - Restraining defendants to raise construction - Once plaintiff himself raised construction over one portion of land, he cannot raise objection, if any, qua construction on other portion of land, by defendants...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and hindrances at the time of drawing of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer in joint possession in normal circumstances cannot seek injunction against other co-sharer - Even if, a co-sharer is in exclusive possession, other co-sharer, who is in possession of property cannot use property to detrimental to other co-sharers so as to render property unfit for use in case such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and same cannot be restored as..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by branding him to be licensee - Suit is..........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
