Bachan Singh vs Swaran Singh on 6 March, 2000
It is not disputed that in the suit filed by the plaintiff, he is
found to be in possession of 77 kanals 16 marlas of joint land. The
defendants failed to prove that any partition had takn place. Thus, the
plaintiff has been found to be in possession of 77 kanals 16 marlas to
the knowledge of the defendants and apprehension to ouster the
plaintiff, the injunction can be granted restraining the other co-sharers
from interfering in the peaceful possession of the plaintiff. The plaintiff
has been in successfully able to prove that he is in exclusive possession
of the land. As per the revenue records pertaining to the year 1975-76,
he is in exclusive possession of this land. The circumstances in which a
RSA No. 3123 of 1984 -5-
co-owner is in possession can seek injunction against the other co-
owner have been culled out by Division Bench of this Court rendered in
a case of 'Bachan Singh vs. Swaran Singh, 2000(3) R.C.R (Civil) 70'.
In para 15, it has been held as under:-