Co-owner -- Permanent injunction -- Construction over joint property can be restrained where it prejudices rights of other co-owners and affects partition proceedings -- Concurrent findings granting injunction held proper -- RSA dismissed.
Specific Relief Act, 1963 (47 of 1963), Section 37, 38 -- Co-owner -- Permanent injunction for raising construction – Co-owner in exclusive possession ordinarily cannot be restrained from raising construction over joint property, however injunction can be granted where such construction is detrimental to interests of other co-owners and may prejudice partition proceedings -- Defendants having stalled partition proceedings and simultaneously raised construction to consolidate possession, Courts below rightly held their conduct prejudicial to plaintiffs’ rights -- Discretionary relief of injunction properly exercised -- No perversity or illegality in concurrent findings -- Regular Second Appeal dismissed.
