cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession

Order 39, Rules 1 and 2 CPC Temporary injunction  Restraining co-sharer from raising construction  Plaintiff sought an injunction against the defendants’ restraining them from interfering in the exclusive possession of the suit property which falls in her share - Cosharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to furnishing an undertaking, upheld. [Paras 9, 11, 13 and 14]

ZAIBA vs GHULAM CMM 292/22 30/12/22 [ SANJAY JJ ]

[ JAMMU AND KASHMIR HIGH COURT ]