DHANU NAIK Vs. AGADHI NAIKANI

JUDGEMENT

(1.) THIS revision has been referred to the Division Bench to decide the question as to whether a suit Under Section 6 of the Specific Relief Act at the instance of a co -owner who has been evicted from possession is maintainable.

(2.) THE opp. parties as plaintiffs filed the suit out of which this revision arises praying for recovery of 'B' Schedule properties. The plaintiffs' case is that the deceased husband of plaintiff No. 1 Agadhu and defendants 1 and 2 (the present petitioners) were three brothers being sons of late Hari Naik. Plaintiff No. 2 is the daughter of plaintiff No. 1.

(3.) NO appeal being maintainable by virtue of the bar under Sub -section (3) of Section 6 of the Act, the present revision has been filed challenging the judgment and decree passed by the learned trial Court. When this case was placed before one of the Hon'ble Single Judge of this Court, question was raised that a suit Under Section 6 of the Act at the instance of one co -owner against another for recovery of possession is not maintainable by drawing an analogy from the decisions in similar situations Under Section 145, Cr PC. Since this raises an important question of law and no decision of this Court was available, the learned Single Judge referred the matter to be decided by a larger Bench. Thus, the only question that arises for consideration in this revision is as to whether a suit Under Section 6 of the Act for recovery of possession can be maintained by one co -owner against another/other co -owner/co -owners.