🧠 Legal Learning | Injunction Between Co-owners Without Partition
✅ Can a co-owner stop another co-owner from building or selling on the shared property without filing a partition suit?
Yes! Courts have repeatedly upheld that co-owners of undivided property can seek injunctions to protect their specific share, especially when sold through identified sale deeds, even without filing for partition.
📌 Key Legal Points:
🔹 CPC, 1908 – Order 39 Rules 1 & 2:
Co-owners can be temporarily restrained from construction or alienation if it affects the specific portion of another co-owner.
🔹 Sale Deeds:
When sale deeds mention specific boundaries or portions sold to each party, courts can uphold the rights of a co-owner to protect that defined area.
🔹 No need to file partition suit:
A co-owner need not immediately seek partition to assert possession rights or stop illegal construction by another co-owner.
🔹 Injunction relief without partition:
Relief of permanent injunction or declaration of title can be claimed first. Partition can be sought later if needed.
🔹 Demarcation in dispute:
If there's any confusion about boundaries, the court allows parties to apply for demarcation.
📚 Takeaway:
If you're a co-owner and your co-sharer is building or selling beyond their share, you can immediately move for injunction—no need to wait for partition!
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