cannot be said that
these defendants were still co-sharers. Mr.
T.S. Deka, learned counsel for the respondents
has shown from the records that ... knowledge
of other co-owner. Thus, a co-owner, can under
law, claim title by adverse possession against
another co-owner who can, of course
held in coparcenary or in co-ownership, it is open to any one of the co-sharers to maintain a suit for possession ... other co-owners and that the attempt to reclaim the property is for the obvious advantage of all the co-sharers."
27. Yet again
aside.
The Defendant in the suit together with his other co-sharers were
owners of Survey No.71, West Marredpalli, Secunderabad. A proceeding
under ... passed. Allegedly, in
violation of the said order, all co-sharers sold portions of the house property
which could be retained by them under
Sidheswar Mukherjee , [ (1971) 1 SCC 556 ] upheld
the right of a co-sharer and recognized such right in the entire body of the
co-sharers ... said Act did not intend to deprive a co-sharer of his right to
which he or she was otherwise entitled to. The word `person
SINHA, J :
1. Leave granted.
2. The parties hereto are co-sharers. A suit was filed for partition.
Admittedly they had entered into a development ... observed :
"Similarly, the legal position that the co-owner
or co-sharer of the property can never claim
ownership by adverse possession
case, (Bhau Ram case), the right of
pre-emption given to co-sharers was held to be a
reasonable restriction on the right to hold ... there to uphold he right
of pre-emption granted to a co-sharer as a reasonable
restriction on the right to property applies with
defendants are in joint possession of the
suit property as co-sharers?
3. Relief."
By reason of a judgment and decree dated ... view holding that 'no arrangement was
arrived at between the co-sharers' to the effect that the respondents would be
cultivating the land
suid property
on the premise that the plaintiff was a co-sharer of the lands in suit to the
following effect :
"1. That after ... bring within its
purview a right of a co-sharer to file a civil suit in the event a deed of sale
has been executed
declaration that
he is owner in possession as co-sharer of the two parcels of land, i.e. the
land of Datta Ram which ... plaint, in
which he has been held to have = share as co-sharer in the entire land
against the defendants. By the said judgment
will, in view of the fact that all the co-sharers were beneficiaries of the said will, it was possible for the testatrix to bequeath ... fraction of property is given in bequest to one of the co-sharers, although, he, in law, would be entitled to inherit much more than
