PAVITTAR SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) The present revision arises out of an application for injunction moved by the respondent-plaintiff. Vide order dated 19.03.2013, application for injunction moved by the respondent-plaintiff was dismissed by the trial Court. However, in an appeal preferred by the respondent the order declining injunction was set aside, appeal was accepted and petitioner-defendant was injuncted from causing forcible dispossession of the plaintiff. The conclusion recorded by the first Appellate Court in support of its order read as thus:-

(2.) Record shows that the respondent/plaintiff had purchased the suit property pursuant to sale deed dated 12.02.1998, and was put in exclusive possession thereof. The site plan, as also the sale deed produced by the respondent clearly depicts the location as also boundaries of the suit land. Photographs brought on record also shows that the construction has already been raised therein. No doubt, petitioner/defendant happens to be one of the co-sharer but this was never the case set out by him that he was in possession of the suit property.

(3.) Needless to assert, even a co-sharer in exclusive possession of a portion of the joint property is entitled to seek injunction. And the remedy available with the other co-sharer is to seek partition.