Mrs. Sunita Sinha W/O Mr. S. Sinha vs M/S Leela Builders Pvt Ltd on 10 January, 2019
32. As as far, judgments Currimbhoy & Co. Ltd (Supra), Ram
Niranjan Das & Anr (Supra), Ajmer Singh (Supra), Mahavir
Prashad (Supra) relied upon by counsel for plaintiff with respect to
maintainability of the suit by a co-owner or co-sharer against
unauthorized occupant are concerned, the ratio of these judgments
is not at all disputed, however, the defendant in the present suit
cannot said to be unauthorized occupant of the suit property in view
of the discussion done above and, therefore, these judgments
cannot be said to be applicable to the case in hand. Since the
property already stood transferred to the defendant nos. 1 to 6 in
view of irrevocable GPA in the year 1989 itself when the mother of
the plaintiffs i.e. one of the joint owner was alive, therefore,
Sunita Sinha & Anr Vs. M/s Leela Builders Pvt Ltd & Ors Page 27 of 34
plaintiffs had no right title or interest in the suit property. The
aforesaid proposition is applicable only when all the co-shares are at
the same footing, however, in the present case defendant no. 9 &
10 being the joint sellers are not claiming any right in the property
whereas plaintiffs being the LRs of one of the joint seller are
claiming right in the property stating that entire consideration
amount was never paid. Hence, issue no. 4, 8, 9 & 10 are decided
against the plaintiffs and in favour of the defendants.