Appellate Court Rules Co-sharers Can Construct on Joint Property Without Injunctions Unless Detrimental
In a significant ruling, the Himachal Pradesh High Court, presided over by Justice Ajay Mohan Goel, has upheld the rights of co-sharers to construct on joint land, dismissing a petition that sought to restrain construction activities on such properties. The decision, delivered on December 29, 2025, stems from the case of Bir Singh v. Tirath Raj, where the petitioner sought to prevent the respondents from constructing on jointly owned land.
The court deliberated on the appeal against a trial court's order, which had earlier directed the maintenance of status quo regarding construction on the disputed land. The appellate court, however, found that the trial court's decision was inconsistent with established legal principles regarding co-sharers' rights.
The appellate court's judgment emphasized that a co-sharer cannot be restrained from building on joint property simply because they share ownership, unless the construction causes prejudice or is adverse to another co-owner's interests. The court cited several precedents, establishing that mere construction or improvements by a co-owner do not constitute ouster or prejudice against other co-sharers.
The court also addressed concerns about privacy and easement rights, noting that without a proven customary right or easement, co-sharers cannot be restrained from activities like opening windows or altering structures on joint land. The ruling further clarified that any claims regarding damage to property must demonstrate a lack of easement rights or prove that the construction was detrimental to the property's value or utility.
This decision aligns with previous judgments, reinforcing the principle that co-sharers have the right to use and improve jointly owned land unless specific legal grounds are demonstrated for an injunction. The ruling is expected to impact future disputes involving co-sharers, providing clarity on the extent of their rights over joint properties.
The court's decision effectively dismissed the petition, allowing the construction to proceed, while instructing the trial court to continue with the civil suit independent of the appellate court's observations.
Bottom Line:
Co-sharers cannot be restrained from raising construction on joint land unless it is demonstrated that such construction would cause prejudice to the rights of other co-sharers. Mere raising of construction or improvement does not amount to ouster.
Statutory provision(s): Civil Procedure Code, 1908 - Order 39, Rule 1 and 2
Bir Singh v. Tirath Raj, (Himachal Pradesh) : Law Finder Doc Id # 2829600
