Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co-sharer from raising construction over some portion of the joint property - When some co-sharers have already raised their houses on some portion of the land a similar use by one of the co-sharers cannot be denied to him by the other co-sharers and more so as undertaking given that in case of partition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Whether string can be attached to order (granting temporary injunction after finding plaintiff in continuous possession) directing that nature of land shall not be altered pending disposal of suit - A co- sharer in exclusive possession of a portion of undivided holding, can transfer it subject to..........
Co-sharer -- Raising of construction on a part of joint land by one co-sharer Cannot thereby exclude possession of other co-sharers - Every co-sharer is a joint owner of every inch of the whole of the land...........
Punjab Pre-emption Act, 1913, Section 15(2) -- Interpretation of - A tenant or a co-sharer has no right of pre-emption in cases falling squarely within sub-section (2) of Section 15 - Sub-section (2) of Section 15 is an independent self-contained provision and cannot be read as a mere proviso to preceding sub-section (1) - Full Bench judgment in Karta Ram's case 1970 P. L...........
