Right of pre-emption -- Co-sharers - Plaintiff purchased specific khasra numbers from three co-owners - On purchase of those shares, plaintiff became a co-sharer and by virtue of being co-sharer he would have a right to pre-empt the sale...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction cannot be granted in favour of plaintiff against other co-sharer without partition being effected between them and without any averment that exclusive share of plaintiff was being trampled upon by other co-sharers...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - Case of plaintiff is that suit property was jointly owned and possessed by parties - However, defendants claimed that suit property was mutually partitioned between parties and parties were in possession of their respective shares - Plaintiff admitted that walls had been constructed over separate portions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer who is in exclusive possession of separate parcel of land can definitely seek injunction against other co-sharers, who are not in possession of requisite land - Application rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Plaintiff failed to specifically plead and prima facie satisfy Court that some exclusivity was attached to that portion of joint land which was being utilized by defendants for raising construction or by doing so, defendants would exceed their share - Moreso, when plaintiff and his family..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiff in exclusive possession of suit land over a period of time as such his possession cannot be disturbed otherwise than having recourse to law either by way of partition or a decree of appropriate Court - Defendants rightly restrained from interfering in possession of plaintiff..........
Mohammedan Law -- Will - No consent from other residuaries in absence of sharers has been obtained - Will not executed as per procedure provided under Mohammedan Law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Mere raising of construction on joint property by one of co-sharers cannot be termed to be an act of ouster of other co-sharers - Injunction rightly denied...........
