counsel for the
petitioners had submitted that admittedly, the petitioners were co-sharers in
the land which was alleged to have been trespassed ... there being an `admitted'
position that the parties were co-sharers in the land in dispute. There had
been a final severence of status
co-owners have been recorded to be in joint possession of
the same. Counsel for the respondents has not disputed that every co-
sharer ... co-owners in
favour of other co-owner recorded to be in joint possession of joint land,
the co-owner selling the land
acts of the co-owner in possession are
detrimental to the interest of other co-owners, a co-
owner out of possession can seek ... inch of it which he is doing as
a co-owner."
[13]. A co-sharer out of possession is required to seek
learned trial Court, whereby the parties are admitted to be co-sharers in a joint
'Khewat' bearing ... decree of perpetual injunction can be issued in favour of one co-
sharer against another.
In support of his contention, he relies upon a judgment
version of the plaintiff, he
alongwith defendants are recorded to be co-sharers in the suit land
detailed in the head note of the plaintiff ... Co-ordinate Bench of this
Court, where in it was observed that in a suit for permanent
injunction, filed by one co-sharer, against other
other co-owners.
(vii) Where a co-owner is in possession of separate parcels
under an arrangement consented by the other co-
owners ... acts of the co-owner in possession are
detrimental to the interest of other co-owners, a co-
owner out of possession can seek
been
carved out. The suit land was partitioned between the co-sharers since their
predecessors and they are in exclusive possession as per their share ... against the other co-owner. Taking into consideration pendency of
partition proceedings, the Court made an order restraining the other co-
sharer from raising construction
viii) does not include the land
which was in possession of co-sharers not in excess of their respective
7 of 24
::: Downloaded ... land revenue and has
been in the individual cultivating possession of co-sharers not
in excess of their respective shares in such shamlat
emptory right, on the ground that he was a co-sharer in the suit
land at the time when the sale was made by defendants ... that he (the respondent-plaintiff) continues to be such co-sharer even
after the sale.
The suit having been initially dismissed by the learned
mode as
mentioned above. It was alleged that plaintiffs were co-sharers and co-
proprietors of the suit property and filed the suit ... other co-owners.
(7) Where a co-owner is in possession of separate parcels
under an arrangement consented by the other co-owners
