-Change in nature of property---Maintainability of injunction---Respondents filed suit for partition against petitioners and other co-sharers--

 2022 YLR 2491

Specific Relief Act (I of 1877), Ss. 42 & 54---Change in nature of property---Maintainability of injunction---Respondents filed suit for partition against petitioners and other co-sharers---Petitioners during pendency of partition suits alienated their shares through sale deed with Specific details---Respondents filed suit for declaration and permanent injunction--- Trial Court rejected the plaint of respondents--- Respondents filed appeal before Appellant Court---Appellant Court allowed the appeal and set aside the decree for rejection of plaint and matter was remanded to Trial Court---Held, that critical issue was the change in the nature of the property and injunction sought to stall any such attempt, in the garb of construction- Suit for declaration was not maintainable inter se co-owners---No restriction could be imposed on the right of one of the co-sharers to sell his share---Co-sharer in possession of joint property cannot change the nature of property in his possession unless partition takes place by metes and bounds---No illegality was committed by Appellate Court in reversal of decision of rejection of plaint