Civil Law Recovery of specific immovable property

2019 S C M R 84  Civil Law

) Specific Relief Act (I of 1877)-S. 8-Recovery of specific immovable property Undivided immovable property. Suit filed by one of the co-sharers for ejectment of a trespasser or person exercising possession over disputed property—Effect—Firstly, filing of such a suit could not be considered as evidence of the co-sharer’s denial of the title of the other co-sharers; secondly, the suit brought by the co-sharer would be deemed to be for the benefit of the other co-sharers; and thirdly, when the co-sharer acquired possession in consequence of the proceedings, he would be in  ossession of the entire property, on behalf of all co-sharers and his said possession could not be deemed as adverse to the other co-sharers.

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