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P&H HC: One Owner Out of Co-owner Can Seek Possession of Entire Land Jointly

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punjab and haryana high court Law Insider

Priya Gour

Published on: 4th August 2022 at 19:25 IST

The Punjab and Haryana High Court recently held that either of the co-owners of a land can seek possession of the entire land jointly. The Bench of Justice Manjari Nehru Kaul mentioned that the possession can be sealed of the entire joint land, in his own right or as an agent.

About the case:

A revision petition was brought before Court that requested for setting aside order passed by Civil Judge (Sr. Divn.), Narwana. The objections under Order 47 read with Section 151 of the CPC preferred by the petitioners were dismissed.

The Petitioner contended that it was wrong for the respondents to posses land beyond their respective shares if it was owned jointly. Mere absence of other co-owners, does not empower them to take possession of land beyond their share. The decree can not be executed due to non compliance of Order 1 Rule 8 of the CPC by the trial Court.

However, the Court noted that the consent of other co-owners would be assumed to have been taken in absence of any disagreement. Since that suit land is in the joint ownership of the respondents and other co-owners.

And the court held that due to non submission of any material to substantiate his claim that co-owners were not agreeable to take possession. The claim of the petitioner can not be held valid by the Court.

Moreover, the Court also clarified about the limited scope of interference in the execution proceedings.

As a result, the Court dismissed the instant revision petition.