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Home Punjab & Haryana

Specific Relief Act, S. 41(h) – Rights and liabilities of the co-sharers in the joint land – Suit for injunction is not maintainable

by Punjab Law Reporter
February 2, 2022
in Punjab & Haryana
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Specific Relief Act, S. 41(h) – Rights and liabilities of the co-sharers in the joint land – Plaintiff filed suit for grant of permanent injunction on the averments that the plaintiff and defendants are co-sharers in the suit land who in order to grab valuable portion of the joint land, also want to alienate specific portion to which, they have no right – If an efficacious remedy is available then no injunction can be granted –  Suit for injunction is not maintainable where the plaintiff has equally efficacious remedy available and further remedy for getting share in joint property is partition and not injunction. Ram Chander v. Bhim Singh, (2008-3)151 PLR 747 (FB) , Kishan Singh v. Sucha Singh, (2008-2)150 PLR 707, relied.

read HERE 2019 PLRonline 3017 (P&H)

read HERE Raghbir Singh v. Ramrati, 2019 PLRonline 3017

Tags: Specific Relief Act S. 41(h)SRA S. 41(h)
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