In which situation against co-owner of property a co-owner can file a case of permanent injunction .
Title: Clarifying the Scope of Co-Owner Rights: Analysis of the Judgment in 2024 CLC 699 In a recent judgment, the issue of whether a co-sharer or co-owner can file a suit for injunction to protect their rights without seeking partition has been brought to light. The case, indexed as 2024 CLC 699, raises significant questions regarding property rights and legal remedies available to co-owners. The matter under consideration finds its roots in the landmark case of ALI GOHAR KHAN v. SHER AYAZ and others (1989 SCMR 130), where the Supreme Court of Pakistan deliberated on a similar issue for the first time. Subsequently, in FAZAL and others v. GHULAM MUHAMMAD and others (2003 SCMR 999), a bench comprising three Honorable Judges of the Supreme Court established that a suit for permanent injunction is maintainable on behalf of a co-sharer or co-owner. The fundamental principle elucidated through these legal precedents is that every co-sharer or co-owner retains ownership rights over each and...