Suit for permane injunction

mahesan (Querist) 25 February 2012 This query is : Resolved
afild suit for permanet inunction aainst co-sharer B, property at Tamilnadu, co-sharer B subsequently purchased 1/3 share form A's brother. Co-B filed suit against A for partition. A filed Or 39 R1 CPC against B, which was maintainbale or not, Property-agricultural land.

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Raj Kumar Makkad (Expert) 25 February 2012
A co-sharer in an agricultural land is not entitled to seek injunction against the other co-sharer as the property shall be treated in joint possession of all co-owners.

prabhakar singh (Expert) 25 February 2012
Suit was by A against B.

B bought the share of A's brother hence become co owner with A.

Now B has right to file suit for partition.
Nothing wrong in that nor any breach of any order.

Case filed by A against B for injunction is not maintainable.

V R SHROFF (Expert) 25 February 2012
Adv Mahesan, TN Agricultural land and injunction by co-sharer if treated as jointy possessed, , it is better you get information from concerned courts. We at Bombay have no Agri plots

dev kapoor (Expert) 01 March 2012
Hi,
Regarding rights of the co-owners,law says,possession of one co-owner or co-sharer is the possession of other co=owner/co-sharer,so injunction suit will not be maintainable.

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