Law:

Section:

(a) Transfer of Property Act (IV of 1882r- S. 44 read with Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2-Transfer of property by co-owner-Temporary injunction-- Grant of injunction at instance of one co-owner against other-Court should weigh amount of substantial mischief done or threatened to plaintiff-Transferee from a co-sharer in possession steps into shoes of his transferor and contributes himself a joint owner- Position of such transferee cannot be that of a transferee but only of co-sharer subject to adjustment at time of actual partition-Whether it would be lawful for Courts to issue temporary injunction against a transferee of a co-sharer in possession of a specific portion of joint property not exceeding his share--Considerations to be kept in view. Each co-owner is, in. theory, interested in every portion of joint property, and each has the right irrespective of the quantity 'or extent of his interest to be in his possession of every part and parcel of the property jointly with the other. But it does not mean that every use of the joint property by one co-owner renders him liable to a legal action. Before granting an injunction at the instance of one co-owner against the other, the Court should weigh the amount of substantial mischief done or threatened to the plaintiff and compare it with that which the injunction is granted upon the defendant-co-sharer. As stated earlier a transferee from a co-sharer in possession, steps into the shoes of his transferor and constitutes himself a joint owner having right to be joint possession with the other co-owners and to be in enjoyment of the proportionate advantages arising from such possession proportionate to the extent of the share in the properties. The position of such transferee cannot be that of a trespasser but only of co-sharer subject to adjustment at the time of actual partitioning. The rights of other co-owners, under such circumstances would be sufficiently safeguarded if they are granted a decree for declaration that the possession of the trarisferee in land in dispute will be that of a co-sharer subject to right of adjustment of other co-owners at the time of partition, because a…

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