Suit for Injunction –  Co-sharer  –  Possession of one co-sharer is possession of all co-sharers, it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period

[SC] Suit for Injunction –  Co-sharer  –  Possession of one co-sharer is possession of all co-sharers, it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period – Appellants ( defendant Nos.1 and 20 being the purchasers of the suit property from one of the co-sharers stepped into the shoes of their vendor (co-sharer) and, therefore, had a right to defend their title and possession against the other co-sharer – Plaintiffs had no case to claim injunction against defendant Nos.1 and 2 in relation to the suit property

Specific Relief Act (47 of 1963) , S.38. SRA S. 38

2019 PLRonline 3302