AIR 2019 PUNJAB AND HARYANA 64 ::(2019) 2 CivilCourtC 388 ::(2019) 2 RecCivR 869

Punjab And Haryana High Court

Hon'ble Judge(s): Anil Kshetarpal , J

(A) Specific Relief Act (47 of 1963) , S.38— Permanent injunction - Restraining defendant-co-owner from alienating portion of disputed shop in excess of defendant's share or making construction on it - Plea of defendant that plaintiff is not co-owner - Allotment letter and receipts issued by Township from whom property was bought and bid sheet containing name and signatures of both parties - No evidence to prove that allotment was made in defendant's favour exclusively - In injunction suit once title to immovable property is disputed and contested by parties on framing of issues by leading evidence, suit cannot be decided without recording findings on said issues - Plea of defendant that suit being simpliciter suit for injunction was not maintainable and therefore Court should not venture into question of title, not tenable - Injunction, granted. (Para 10 11 14) (B) Specific Relief Act (47 of 1963) , S.38— Evidence Act (1 of 1872) , S.115— Permanent injunction - Estoppel - Injunction sought for restraining defendant co-owner from alienating portion of disputed shop in excess of defendant's share or making construction on it - Mere fact that property is managed by one co-owner and he raised any construction on it would not take away right of other c....