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Joint Owner Can't Prevent Another Co-Owner From Using Portion Of Joint Property By Injunction Except To Prevent Wastage/ Destruction: P&H High Court
Drishti Yadav
26 July 2022 2:00 PM GMT
Punjab and Haryana High Court while dismissing a regular second appeal by the plaintiff against the judgements and decrees by the Courts below dismissing his suit for permanent injunction, held that once the suit land is not partitioned and the parties are co-sharers and co-owners, each and every co-sharer will be considered to be in possession of every inch of land. The bench...
Punjab and Haryana High Court while dismissing a regular second appeal by the plaintiff against the judgements and decrees by the Courts below dismissing his suit for permanent injunction, held that once the suit land is not partitioned and the parties are co-sharers and co-owners, each and every co-sharer will be considered to be in possession of every inch of land.
The bench comprising Justice Alka Sarin while upholding the findings by the Courts below, further added that the suit land is joint.
The court noted that a joint owner cannot prevent another co-owner from using a portion of the joint property by injunction unless this amounts to wastage, destruction or injury to the other co-owners because every co-owner has a right to use the joint property in a husband like manner, not inconsistent with similar rights of other co-owners.
A joint owner cannot prevent by injunction the usage of a portion of the joint property by another co-owner unless this amounts to wastage or destruction or injury to the other coowners. Every co-owner has a right to use the joint property in a husband like manner not inconsistent with similar rights of other co-owners.
In the instant case, the plaintiff alleged that he along with his brothers were in exclusive possession as co-sharers of the suit land and the defendants have threatened him to interfere in his lawful, peaceful and exclusive possession of the said land, illegally and forcibly, to which they have no right except in due course of law till the partition of the suit land.
The court noted that the plaintiff failed to establish his exclusive possession of the suit land. Moreover, there was no finding that any act by the defendant was detrimental to the interests of the other co-owners in the joint land.
In view of the discussion above, the court found no illegality or infirmity in the judgements and decrees passed by both the Courts below. Moreover, the court concluded that no substantial question of law has arises in the present regular second appeal.
Accordingly, the appeal was dismissed.
Case Title: Tarsem Singh (deceased) through his LR versus Major Singh (deceased) through his LRs & Others
Citation : 2022 LiveLaw (PH) 206
