Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - Locus standi to file - Plaintiff filed suit in her capacity as wife of her husband, who is co-sharer of suit property along with defendants and other co-sharers - Suit is not filed by plaintiff on behalf of her husband - Moreover, exercise of a right of passage is not dependent on ownership -..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Injunction - Can be granted to restrain further construction over suit property during pendency of partition proceedings...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - No injunction can be granted against co-sharer - Only efficacious remedy available to co-sharer is to seek partition of joint land...........
Co-sharer -- Perpetual injunction - No injunction can be granted against a co-sharer as no one of co-sharer is found to be in exclusive possession of suit property. (Specific Relief Act, 1961, S.38)...........
Co-sharer -- A co-sharer not in possession - Remedy is to seek partition - However, a co-sharer out of possession can seek relief of permanent injunction, if by the act of another co-sharer in possession, the value or utility of the property is diminished or such acts of the co-owner in possession are detrimental to the interest of other co-owners out of possession - Mere..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale beyond share - Suit for permanent injunction - Remedy available is to seek declaration of sale deed as well as partition of the property - In the absence of declaration, Court cannot decide whether sale deed is beyond the share or not...........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Suit for permanent injunction - No documentary evidence to show that either of the parties is in exclusive possession of their respective shares - No injunction suit is maintainable against co-sharer and remedy lies elsewhere...........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Restraining other co-sharer from raising construction - Co-sharer cannot claim a right to raise construction without consent of other co-sharer nor does he has any right to put up any portion of joint holding to such a use which is detrimental to interest of other co-sharer or may amount..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Defendant admittedly raised construction over a portion of suit land, without getting the same partitioned and threatened to evade the rights of other co-sharer including plaintiff - He is not in exclusive possession of vacant suit land over which he intends to raise construction - Defendant..........
