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Jadunath Lal and anr. Vs. Bachhu Lal - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All123(2); 25Ind.Cas.43
AppellantJadunath Lal and anr.
RespondentBachhu Lal
Excerpt:
joint land - separate use of joint land by co-sharer--right of such co-sharer to build permanent structure on land without consent of other co-sharers. - chamier, j.1. on the pleadings it is admitted that the land on which the defendants propose to build is the joint land of the parties. the defendants did not set up a title to the land by adverse possession. the issue fixed did not suggest adverse possession and there was no finding that the defendants have held adversely to their co-sharers. all that is found is that the defendants have been in separate occupation or have had made separate use of the land. this does not entitle them to erect permanent structures on it against the wishes of their co-sharers. the appeal is dismissed with costs.
Judgment:

Chamier, J.

1. On the pleadings it is admitted that the land on which the defendants propose to build is the joint land of the parties. The defendants did not set up a title to the land by adverse possession. The issue fixed did not suggest adverse possession and there was no finding that the defendants have held adversely to their co-sharers. All that is found is that the defendants have been in separate occupation or have had made separate use of the land. This does not entitle them to erect permanent structures on it against the wishes of their co-sharers. The appeal is dismissed with costs.


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