2013 (3) AKR 327 ::AIR 2013 (NOC) (SUPP) 1415 (KAR.) (GULBARGA BENCH)

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar , J

(A) Specific Relief Act (47 of 1963) S. 34 — Suit for declaration and injunction — Joint family property — No partition effected by metes and bound — Property sold by one family member to another (defendant) by registered sale deed — Defendant purchaser had paid valuable consideration for purchasing property — Plaintiffs conveniently sought declaration that property was joint family property and for injunction — No declaration sought for setting aside sale deed — No consequential relief of recovery of possession claimed — Such suit not maintainable being hit by S 34 of Act and also by legal principle that co-owner cannot seek relief of injunction against another co-owner Hindu Law — Joint family property — Rights of co-owner {" When the plaintiffs co-owner of joint family property themselves have pleaded that third defendant is in possession of the suit schedule property and to the knowledge of plaintiffs, third defendants has asserted his exclusive possession on the strength of sale deed, a suit for mere declaration by co-owner that the suit schedule property is a joint family property and therefore a sale deed executed by the two members of the family does not bind them, but not seeking a declaration for setting aside the sale deed, but more importantly, not seeking necessary consequential relief of recovery of possession, but on the pretext of possession being joint, seeking the relief of injunction is no....