Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No dispute that parties are co-owner/co-sharer - Only partition of property can resolve dispute - Injunction granted in favour of plaintiff is only to protect his possession till competent Court passes an order of partition and thereafter orders delivery of possession - Petition dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Every co-sharer has right over every inch of joint land till it is partitioned by metes and bounds - Appellants who stepped into the shoes of his vendors had no right to claim relief of injunction against other co-sharers...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to seek partition...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - Restraining other co-sharer from raising construction - Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer - By raising construction, value and utility of property will not be diminished - No injunction can be issued to restrain the..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharer in exclusive possession - Defendant rightly injunction from interfering and forcibly dispossessing - However, plaintiff restrained from changing nature of land or alienation of land - Defendant has right to seek partition of property...........
