“13. Thirdly, the plaintiffs have filed the suit for injunction against defendants by claiming that defendants are the co-sharer of the suit property alongwith plaintiffs. Even if we examine the maintainability of the suit leaving aside aforementioned aspect, it has to be noted that in Krishan Singh Vs. Sucha Singh, 2008 (2) Civil Court Cases 755 (P & H), it has been held that, "Where the suit simpliciter for injunction was filed against the alleged cosharer, who was in exclusive possession, the court in that case observed that the plaintiff could assert his right by filing a suit for partition, and a suit for permanent injunction is not maintainable." Further in Bachan Singh Vs. Swaran Singh, (2000) 126 PLR 416, the Hon'ble Punjab & Haryana High Court held that, "A co-owner who is not in possession of any part of the property is not entitled to seek an injunction against another co-owner who has been in exclusive possession of common property unless any act of the person in possession of the property amounts to ouster, prejudicial or adverse to the interest of co-owner out of possession."
