Sec 41 specific releif act
kashif
(Querist) 01 January 2013
This query is : Resolved
HAPPY NEW YEAR TO ALL
Section 41 in The Specific Relief Act, 1963--
41. Injunction when refused.- An injunction cannot be granted-
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
EXPERTS PLZ TELL ME THAT
.... If one of the cosharer brings an injunction suite against another cosharer (case of an agricultural land in Uttar Pradesh), then will it be barred by this section as he should have brought another usual mode of proceeding i.e Partition Suite. M i right in saying that each cosharer is the owner of every inch of the combined land until partitioned.
Raj Kumar Makkad
(Expert) 01 January 2013
Thanks for wishing for New Year 2013 and same wishes for you.
You are right in your approach that every co-sharer is owner of every inch of join land hence no injunction can be granted against another co-sharer by any court of law in India.
Advocate Bhartesh goyal
(Expert) 01 January 2013
It is settled position of law that injunction against co-owner can not be granted.
kashif
(Querist) 02 January 2013
can application u/s 41(h) specific releifs act be filed praying to reject the suite in such a case on the ground that a partition suite should be filed
Raj Kumar Makkad
(Expert) 02 January 2013
Yes. such application is maintainable but it is settled law that partition is the only remedy in such type of matters.
kashif
(Querist) 03 January 2013
thx raj sir
