Sant Ram Nagina Ram vs Daya Ram Nagina Ram And Ors. on 12 May, 1961
In Sant Ram Gagina Ram's case (supra), it was clearly laid down that inspite of protests, by the co-owner, if another co-owner raises building not exceeding his own share thereon, the aggrieved co-owner cannot obtain a decree for demolition of that building without proving special damage or substantial injury to him unless the other co-owner who has raised the building has done so by asserting an exclusive title in himself and by denying that of the other co-owner.