Affirming appellate judgment, the High Court holds that joint ownership and lack of partition preclude an injunction suit by one co-owner, upholding established principle in property disputes.
Summary
| Category | Data |
|---|---|
| Case Name | RSA/44/2019 of GURVAIL SINGH Vs JAGPREET SINGH AND ANR |
| CNR | PHHC011473192018 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MRS. JUSTICE ALKA SARIN |
| Court | High Court of Punjab and Haryana |
| Bench | Single-Judge Bench |
| Precedent Value | Affirms existing precedent |
| Overrules / Affirms | Affirms first appellate court judgment |
| Questions of Law | No substantial question of law arose |
| Ratio Decidendi | Where land remains jointly owned and no partition has taken place, a co-owner who admits lack of exclusive possession cannot maintain a suit for permanent injunction against fellow co-owners. Evidence of joint possession and absence of partition bars injunctive relief. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Admission in cross-examination of joint possession; absence of any partition decree. |
| Facts as Summarised by the Court | Plaintiff claimed joint ownership with co-sharers and alleged a sale deed by his brother to be void; defendants asserted joint rights and challenged that sale deed in separate proceedings; trial court granted injunction, appellate court reversed. |
Summary of Legal Reasoning
- The First Appellate Court’s finding on the dismissal of the separate suit challenging the sale deed was noted.
- Plaintiff’s own admission in cross-examination confirmed joint ownership and absence of exclusive possession.
- In absence of any partition decree, a single co-owner cannot claim injunctive relief against other co-owners.
- No error was found in the appellate court’s reversal of the trial court’s decree; thus the appeal was dismissed.
Arguments by the Parties
Petitioner (Plaintiff-Appellant):
- Relied on khasra girdwari entries (Ex.P2, Ex.P3) showing possession in his favor.
- Contended trial court correctly decreed permanent injunction.
Respondents (Defendant-Respondents):
- Asserted that the land was joint property of all co-sharers including themselves.
- Pointed to the pending challenge to the sale deed in separate suit and denied plaintiff’s exclusive possession.
- Maintained that absence of partition barred maintenance of injunction suit.
Factual Background
Plaintiff-appellant filed a suit for permanent injunction claiming joint title and possession of the suit land, alleging a sale deed by his deceased brother was void. Defendant-respondents denied exclusive title of the plaintiff, asserting joint ownership and co-possession, and had challenged the sale deed in a separate suit. The trial court granted the injunction, but the First Appellate Court reversed that decree. The present second appeal challenged the appellate court’s decision.