Permanent injunction
Neeraj Kaushal
(Querist) 30 May 2012
This query is : Resolved
i am owner in possession of joint land revenue records shows my possession on suit land . one cosharer has filed suit for permanent injunction against me . law is that possession of one cosharer deemed to be possession of all that is against me . i need a law that i am in possession of suit land rather suit land is joint but plaintiff cannot restrained me from raising construction on joint land because he is cosharer but not in possession of land in short person not in possession cannot claim permanent inj
kuldeep kumar
(Expert) 30 May 2012
case law dont remember but no injunction can be granted.
Shonee Kapoor
(Expert) 31 May 2012
Who has the physical possession of the land.
The co-sharer can bring injunction so as not to alter the nature of the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
J K Agrawal
(Expert) 31 May 2012
Dear sir
In your case 'Ouster' should be proved by you unless they are entitle to restrain you.
Ouster means
1 you expelled him long back more than 20 year long.
2 you openly says that this land is only yours and not of any other co sharer.
3 This declaration is in knowledge of them but they never raised any objection.
4 You are not in possession by permission of them but your possession should be hostile to them.
