Joint Owner Can't Prevent Another Co-Owner From Using Portion Of Joint Property By Injunction Except To Prevent Wastage/ Destruction: P&H High Court
Punjab and Haryana High Court while dismissing a regular second appeal by the plaintiff against the judgements and decrees by the Courts below dismissing his suit for permanent injunction, held that once the suit land is not partitioned and the parties are co-sharers and co-owners, each and every co-sharer will be considered to be in possession of every inch of land. The court noted that a joint owner cannot prevent another co-owner from using a portion of the joint property by injunction unless this amounts to wastage, destruction or injury to the other co-owners because every co-owner has a right to use the joint property in a husband like manner, not inconsistent with similar rights of other co-owners. A joint owner cannot prevent by injunction the usage of a portion of the joint property by another co-owner unless this amounts to wastage or destruction or injury to the other coowners. Every co-owner has a right to use the joint property in a husband like manner not inconsistent with similar rights of other co-owners.
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