Skip to main content

Joint owner normally cannot prevent by injunction the usage of a portion of the joint property by another co-owner

Cause Title : Tarsem Singh vs Major Singh, High Court Of Punjab And Haryana, RSA-5381-2019 (O&M)

Date of Judgment/Order : 25.07.2022

Corum : Hon’ble Mrs. Justice Alka Sarin

Citied: Bhartu vs. Ram Sarup [1981 PLJ 204]

            Bachan Singh vs. Swaran Singh [2000(3) RCR (Civil) 70]

Background
   
The plaintiff-appellant contended that the plaintiff-appellant is in exclusive possession of the suit land and the defendant-respondents are trying to illegally and forcibly interfere in his possession and, as such the plaintiff-appellant is entitled to the injunction as prayed for. Reliance was also placed on the entries of the khasra girdawri wherein, as per counsel, the plaintiff-appellant and his brothers are shown cultivating the suit land. The plaintiff-appellant claimed that the defendant-respondents were encroaching on their property and appealed for permanent injunction against the defendant-respondents. 

On the basis of the pleadings of the parties and the evidence on the record, the Trial Court dismissed the suit of the plaintiff-appellant as well as the counter-claim of the defendant-respondents. Aggrieved by the said judgment and decree, an appeal was preferred by the plaintiff-appellant. The defendant-respondents filed objections. The lower Appellate Court dismissed both the appeal as well as the objections. Hence this appeal.

Judgment

The High Court observed that the plaintiff-appellant has failed to establish his exclusive possession over the suit land and there being no finding that any act by the defendant-respondents was detrimental to the interests of the other co-owners in the joint land and both the Courts below have concurrently found that the suit land is joint. Once the suit land is not partitioned and the parties to the suit are co-sharers and co-owners, each and every co-sharer is in possession of every inch of land. 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 co- owners. 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.

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...
Post a Comment
Read more

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
4 comments
Read more