The Midnapur Zamindary Company Ltd. vs Kumar Naresh Narayan Roy on 7 April, 1924
In support of this proposition learned counsel placed reliance on Midnapur Zamindary Co. Ltd. v. Kumar Naresh Narayan Roy, AIR 1924 PC 144 (A), where it was held that partition was the only remedy which a co-sharer has if he and the other co-sharers cannot agree as to how the lands which they hold in common should be managed. It was also held that each co-sharer was entitled to cultivate in his own interest in a proper and husband like manner any part of the lands which was not being cultivated by another of his co-sharers, but he is liable to pay to his co-sharers compensation in respect of such exclusive use of the lands. It was also held by the Judicial Committee in that case that such an exclusive use of the lands held in common by a co-sharer was not an ouster of his co-sharers from their proprietary right.