TANUSREE BASU & ORS. versus ISHANI PRASAD BASU & ORS.

TANUSREE BASU & ORS. versus ISHANI PRASAD BASU & ORS.

Where separate possession is established by mutual agreement among co-owners, none may dispossess another by taking the law into their own hands; the trial court rightly ordered restoration of possession and mandatory removal of padlock.

Parties
Appellant: Tanusree Basu & Ors.; Respondent: Ishani Prasad Basu & Ors.
Jurisdiction
India
Judgment Date
05 March 2008
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Injunction, Partition of Property, Co Ownership, Exclusive Possession, Mandatory Injunction
Civil Procedure Property Law Injunction Partition of Property Co Ownership Exclusive Possession Mandatory Injunction

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Parties

Tanusree Basu & Ors.

Appellant

Ishani Prasad Basu & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether a mandatory injunction can be granted in favour of a co-owner in exclusive possession against other co-owners during pendency of partition suit
  2. 2 Whether the plaintiffs could lawfully put a padlock and dispossess another co-owner in separate possession under mutual agreement

Ratio Decidendi

Where separate possession is established by mutual agreement among co-owners, none may dispossess another by taking the law into their own hands; the trial court rightly ordered restoration of possession and mandatory removal of padlock.

Court Disposition

Appeal dismissed

Orders

  • Plaintiffs to remove padlock and sundry articles from flat no. 201 immediately
  • Plaintiffs restrained from making further obstruction to defendant no. 1's peaceful enjoyment of the said flat