Co-sharer - A decree for injunction brought at the instance of
co-owners against the stranger to the family cannot become unenforceable even if the stranger purchaser comes by the benefit of a purchase of a fractional share of anyone of the sharers - The
remedy of stranger purchaser from a co-sharer ought to be to file a suit for general partition and seek for specific allotment referable to the vendor's share and not carve out to himself the
benefit of what his vendor assigned to him - What may be possible amongst the co-sharers to decide to do in the manner of enjoyment cannot be assumed by usurpation by a third party stranger.
Co-sharer - Admittedly parties to the lis<D> are
co-sharers - If one of the co-sharer do not want the possession in joint, remedy is to seek the separate possession by way of partition - Once the co-ownership has been admitted and the Sanad
Taksim ordered by the Revenue Court has not been challenged, much less, defendants have not taken the plea of Ouster, no fault can be found with the findings rendered by the lower Appellate
Court ordering partition of the property in determining the share of the parties by granting the relief of separate possession.(182) P.L.R.
Co-sharer - Appellants purchased the suit property and thereafter
constructed a boundary wall and also installed a gate in the said plot - Suit seeking permanent injunction restraining the respondent from interfering into their possession over the plot in
dispute - It could not be disputed before this Court that appellants as well as the defendant respondent are co-sharers being purchasers from a joint Khata and the respondent had purchased
the land prior to the appellants - It is further not in dispute that no partition of the joint Khata has taken place till date - Further it is a settled proposition of law that a sale, even
of a specific number out of the joint Khata, is deemed to be the sale of share only and the purchaser becomes a co-sharer along with other cosharers and such purchaser steps into the shoes of
the seller - No injunction can be granted against a co-sharer. (175) P.L.R.
Co-sharer - In exclusive possession of the land in dispute - Purchaser
- Her rights have been protected vide impugned judgments and decrees till actual partition takes place between the co-sharers. (175) P.L.R.
Co-sharer - Whether the sale deed was beyond the share - Remedy
available to them was to seek declaration of the sale deed and as well as partition of the property. (182) P.L.R.
Co-Sharers - Injunction cannot be claimed against co-sharer - The
co-sharer in exclusive possession of the land can sell that very portion subject to partition of the joint land and he can also oust other co-sharers till such time when the land is
partitioned by metes and bounds. (182) P.L.R.