Grant of Temporary Injunction against co-tenureholder to raise illegal permanent constructions where suit for...
Temporary Injunction in Case of Co-tenureholder Raising Illegal Construction
1. Meaning of Temporary Injunction
A temporary injunction is a provisional relief granted by the court to preserve the status quo of property or rights until the disposal of the main suit.
The object is to prevent irreparable harm or injustice before final adjudication.
2. Situation: Co-tenureholder in Joint Property
In a joint holding (co-tenancy), every co-sharer is considered to have an undivided interest in every inch of the property until partition takes place.
One co-sharer cannot claim exclusive possession over a defined portion of the property unless partition occurs.
Therefore, if a co-sharer attempts to make illegal permanent constructions, it can disturb the joint rights and cause irreparable loss to other co-sharers.
👉 Courts may step in to prevent such acts through temporary injunction.
3. Conditions for Granting Temporary Injunction
The court generally considers three well-established principles before granting an injunction:
Prima Facie Case – Whether the plaintiff has shown a strong case that his rights are being infringed.
In co-tenureholder disputes, the right to joint possession is sufficient to establish a prima facie case.
Balance of Convenience – Whether the inconvenience caused to the plaintiff if injunction is not granted outweighs the inconvenience to the defendant if it is granted.
Illegal construction by one co-owner can alter the nature of property permanently, tilting balance in favour of injunction.
Irreparable Injury – Whether damages can adequately compensate the plaintiff.
Permanent illegal construction causes change in character of joint property, which money cannot restore, hence irreparable injury is presumed.
4. Case Law Illustrations
Dorab Cawasji Warden v. Coomi Sorab Warden (1990)
The Supreme Court held that injunction can be granted to prevent a co-owner from changing the nature of joint property to the detriment of other co-owners.
Anathula Sudhakar v. P. Buchi Reddy (2008)
The Court clarified that in disputes of co-ownership, if one co-sharer tries to take exclusive possession or raise permanent structures, other co-sharers are entitled to seek injunction for protection of joint rights.
K.K. Dewan v. District Judge (Allahabad HC)
The High Court held that in a suit for partition, temporary injunction can be granted restraining a co-sharer from raising illegal construction as it prejudices rights of other co-sharers.
5. Application in Partition Suit
When a partition suit is pending, property is deemed to be joint until final decree.
If one co-sharer raises permanent construction:
It prejudices the equitable division of property.
It may create complications in future partition.
It may also lead to claims of exclusive possession.
Hence, the court will restrain such activities through injunction until partition is decided.
6. Key Principles Established
A co-sharer has no right to change the character of joint property without consent of others.
Permanent construction amounts to irreparable injury.
Courts favour injunction to protect the status quo.
7. Conclusion
Therefore, in a suit for partition, if a co-tenureholder attempts to raise illegal permanent constructions, courts are justified in granting temporary injunction to restrain such activity.
This preserves the joint ownership status, prevents injustice, and ensures equitable distribution when the final partition decree is passed.
⚖️ In short:
Temporary injunction will be granted against a co-tenureholder raising illegal construction if –
✔️ Plaintiff shows prima facie joint ownership right
✔️ Balance of convenience lies in maintaining status quo
✔️ Irreparable loss will result from permanent change
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