Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
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...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration as well as joint possession and permanent injunction - Plaint nowhere establishes a clear cut ouster or abandonment of possession of plaintiff from suit property - Suit property is claimed to be joint between parties - Plaintiff thus, cannot be called upon to pay Court fee on market value of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants (first set) from running brick kiln business over suit property - Property in question was joint property of plaintiffs and defendants (second set) - Lease which is alleged to have been executed by defendants (second set) in favour of defendants (first set) to the extent of..........
