Co-owner/Co-sharer -- Adverse possession - A co-owner's possession of common property is not prima facie adverse against another co-owner, because such possession is considered as one on behalf of all co-owners, except when there is clear proof of ouster or assertion of a hostile title...........
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..........
Hindu Law -- Joint Family Property - Mutation in the name of one of co-sharer - Does not confer right, title and interest over whole property in his favour - Does not entitled him to sell/transfer entire property...........
Co-sharers -- Co-sharer - Even if specific Khasra numbers are made subject matter of sale out of joint land, still area sold would be deemed to be sale of share...........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
Co-sharers -- Even a co-sharer in exclusive possession of any portion of joint property cannot be permitted to raise construction and to change nature thereof because every other co-sharer is joint owner in respect of every inch thereof...........
Co-sharers -- Possession of one co-sharer in joint property amounts to possession of all, even if other co-sharers are not in actual and physical possession thereof...........
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..........
Adverse possession -- Co-sharer - Possession of one co-sharer is possession of all co-sharers - There can be no adverse possession against co-sharer in the absence of complete ouster - A co-sharer through out recorded in the revenue record as such petitioner cannot be treated to be in adverse possession...........
Co-sharer -- Not in possession - Possession of one co-sharer is possession of other co-sharer therefore even if plaintiff was residing in her Sasural, it cannot be said that her title in suit property extinguished as she proved unity of title and unity of possession...........
