Himachal Pradesh High Court Upholds Co-owner’s Right to Possession”

In a significant legal victory, the Himachal Pradesh High Court, in a recent judgment delivered by Hon’ble Mr. Justice Rakesh Kainthla on 11^th September 2023, affirmed the right of a co-owner to claim possession of a disputed property. The judgment delves into various aspects of property disputes, ownership, and the principle of acquiescence.

The dispute revolved around a civil suit for possession filed by the plaintiff, asserting co-ownership of a piece of land against a defendant who claimed possession and raised preliminary objections. The trial court had ruled in Favor of the plaintiff, but the first appellate court reversed this decision, citing the failure to specify structures on the land and the principle of acquiescence.

However, the High Court, in its keen observation, held that the plaintiff had established co-ownership of the disputed land and that the defendant’s initial claim of constructing on the property in the presence of the plaintiff was later abandoned. The defendant’s subsequent assertion of having no possession on the suit land was found to be untenable. Therefore, the trial court’s decree of possession in favor of the plaintiff was upheld.

The judgment also addressed the issue of non-joinder of necessary parties, emphasizing that a suit filed by a co-sharer against a trespasser does not require the impleadment of other co-sharers and is not rendered invalid due to such non-joinder.

Regarding the limitation, the High Court ruled that the suit, which was based on title, was not barred by limitation unless adverse possession was proven by the defendant. Since the defendant did not plead adverse possession, the suit was deemed not time-barred.

High Court reversed the judgment of the first appellate court, thus restoring the judgment and decree of the trial court.

Date of Decision: 11 September 2023

Mohinder Singh vs Gurbax Singh