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
arises where the possession is held under an arrangement between the co-sharers.
38. Court in P. Lakshmi Reddy (supra) quoted with approval Mitra ... 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
made after
commencement of the Act to any person other than co-sharer or a
raiyat of adjoining land, any co-sharer of a transferor ... available when the
purchaser himself is a (i) co-sharer and/or (ii) a raiyat of adjoining
land. In order to resist the claim
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
undivided
property and the plaintiffs and the defendant are the co-sharers. He submits
that so long the property remained joint, no shareholder ... Panja nor his heirs and successors can claim to be the
co-sharers of the defendant. He thus submits that the instant suit for partition
Raiyat is transferred to any person other than a co-sharer of a Raiyat in the
plot of land the right of pre-emption arises ... that the right of pre-emption arises in favour of a co-sharer Raiyat or
an adjacent owner only when a portion or share
amongst co-owners,
there is unity of possession. Possession of one co-owner is
presumed to be on behalf of all the co-owners ... other co-
owners. Courts in proper cases may legitimately infer from
the facts established that the excluded co-sharer had
knowledge that bis title
that separate allotment
should be made to each of the co-sharer and the common passage of 4'
allotted to the defendants ... bounds and
different portions thereof may be allotted to the different co-sharers if such
necessity arises. In such a case, the line of demarcation
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
