injunction

Querist : Anonymous (Querist) 03 November 2011 This query is : Resolved
Plaintiffs and Defendants are co-owners of the Immovable property ...Defendant No.1 is in possession of the same and he is cutting trees, constructing buildings and let out one acre of land to one company for a monthly rental of Rs.33,000/- and deriving income as his own , without prior consent from other co-sharers and now trying to dispose of the property within his family and also to the outsiders - Plaintiffs filed Partition Suit along with I.A. under Order 39 Rule and 2 for Temporary Injunction and Order 40 Rule 1 for Appointment of receiver.. . Please let me know about any case laws on this matter

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Advocate. Arunagiri (Expert) 03 November 2011
The coowner can not alienate the property, without the concurrence of the other coowner.

Affected party will get injunction. No case is needed.