Supreme Court of India · 2004-09-22
Kishori Lal & Anr vs Madan Gopal (Dead) By L.Rs. & Ors
- Citation / case number
- 2004 AIR SCW 7236
- Court
- Supreme Court of India
- Petitioner
- Kishori Lal & Anr
- Respondent
- Madan Gopal (Dead) By L.Rs. & Ors
- Author
- P. Venkatarama Reddi
- Bench
- P. Venkatarama Reddi, P.P. Naolekar
Judgment text excerpt
The Supreme Court addressed the issue of joint ownership under the J&K Common Lands (Regulation) Act, 1956, specifically examining Section 11 regarding exclusive rights over common land. The Court upheld the appellate Court's finding that the suit property was joint and undivided, confirming the permanent injunction against the defendants from raising constructions or blocking access at point 'CB'. However, the Court set aside the mandatory injunction for the removal of the saw machine installed by the 5th defendant, indicating a partial allowance of the appeal.