Appeal against dismissal of second appeal in an injunction suit filed by a co-owner claiming 1/4th share. Court held that if the plaintiff cannot prove the defendant constructed beyond his share, the remedy is a suit for partition, not injunction.
The second appeal was dismissed; the plaintiff was directed to apply for a suit for partition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.3128 of 2014 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.3128 of 2014 (O&M) Date of Decision.21.09.2015
Prem Chand
.......Appellant
Versus
Gurdev Chand and others
......Respondents
Present: Mr. Vikas Mohan Gupta, Advocate for the appellant.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
K. KANNAN J. (ORAL)
not to seek for injunction against a co-owner and seek for mandatory PANKAJ KUMAR 2015.09.22 14:58 I attest to the accuracy and integrity of this document
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RSA No.3128 of 2014 (O&M)
injunction also. The relief which is refused to the plaintiff by the Appellate Court is perfectly justified and the second appeal is dismissed leaving it to the plaintiff to apply for suit for partition and if there is any portion of the property which is in excess of the defendant's share or includes any portion of 1/4th share which the plaintiff was entitled to, the plaintiff will have appropriate remedy for even demolishing and the fact of suit for mandatory injunction being dismissed will not come agaisnt him.
(K. KANNAN) JUDGE
September 21, 2015 Pankaj*
PANKAJ KUMAR 2015.09.22 14:58 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a co-owner can seek mandatory injunction against another co-owner for construction instead of filing a suit for partition.
Whether the dismissal of a mandatory injunction suit is justified when the plaintiff cannot prove excess construction by the defendant.
1 provisions across 1 enactments
Prem Chand
Gurdev Chand
K. KANNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
