Case Note & Summary
The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 of 1997. The suit was filed by two real sisters, Sairabi Abdul Gaffar Shaikh and Aisharbai Fakhruddin Shaikh, claiming ownership of a 3/4th share in land survey no. 61/9/1 admeasuring 14 gunthas situated at Mauje Vanvadi, District Pune. The plaintiffs alleged that the defendant nos.1 and 2, who were co-owners, executed agreements in favour of defendant no.3 (Sajid Ismail, sole proprietor of M/s Allied Constructions) on 23.04.1994 and in favour of defendant no.4 on 04.09.1995, purporting to transfer rights over the entire property, including the plaintiffs' undivided share. The plaintiffs sought a declaration that these agreements were not binding on them and for permanent injunction restraining the defendants from constructing or encumbering the property. The trial court decreed in favour of the plaintiffs, declaring them owners of 3/4th share, holding the agreements not binding on them, and restraining defendants from construction or creating third party interest on the plaintiffs' share. The appellant, defendant no.3, challenged this decree. The High Court, after hearing submissions, upheld the trial court's decision, finding no merit in the appeal. The court noted that the plaintiffs' share was undivided and the agreements could not affect their rights. The appeal was dismissed with costs.
Headnote
A) Property Law - Co-ownership - Undivided Share - Agreements Not Binding - Transfer of Property Act, 1882, Specific Relief Act, 1963 - The plaintiffs, co-owners of 3/4th share, sought declaration that agreements dated 23.04.1994 and 04.09.1995 executed by other co-owners in favour of defendants are not binding on them. The court held that a co-owner cannot transfer rights over another co-owner's undivided share without consent, and thus the agreements are not binding on the plaintiffs' share. (Paras 1-2) B) Injunction - Permanent Injunction - Restraining Construction and Encumbrance - Specific Relief Act, 1963 - The court permanently restrained defendants from carrying out construction or creating third party interest on the plaintiffs' 3/4th share, as such actions would interfere with their co-ownership rights. (Para 1)
Issue of Consideration
Whether the agreements executed by defendant nos.1 and 2 in favour of defendant no.3 and defendant no.4 are binding on the plaintiffs in respect of their undivided 3/4th share in the suit property.
Final Decision
Appeal dismissed with costs. The judgment and order dated 21.08.2003 passed by Jt. C.J.S.D. Pune in Special Civil Suit No.2107 of 1997 is upheld.
Law Points
- Co-ownership
- Undivided share
- Binding nature of agreements
- Permanent injunction
- Specific Relief Act
- 1963
- Transfer of Property Act
- 1882
