Supreme Court of India · 2004-09-22
KISHORI LAL vs MADAN GOPAL (D) BY LRS. .
- Citation / case number
- SC 2002/14128
- Court
- Supreme Court of India
- Petitioner
- KISHORI LAL
- Respondent
- MADAN GOPAL (D) BY LRS. .
- Author
- Venkatarama Reddi
- Bench
- P. VENKATARAMA REDDI & P.P. NAOLEKAR
Judgment text excerpt
The Supreme Court upheld the decision of the first appellate Court that the suit property is joint and undivided between the plaintiff and defendants, emphasizing that without proof of ouster, the defendants cannot claim exclusive possession or raise constructions. The Court confirmed the permanent injunction against construction at point 'CB' and mandated the restoration of the entrance gate, while partially allowing the High Court's decision by setting aside the injunction for the removal of the saw machine. The judgment clarifies the rights of co-owners in property disputes under the principles of joint ownership.