Suit was for declaration by non‑executant with consequential relief of joint possession; proper court fee computable under Section 7(iv)(c) read with Section 7(v), not ad valorem on sale consideration. (Paras 7–8)

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APEX COURT 

[Reliefs Claimed – Co‑parcenary Property] Plaintiff sought declaration that houses and agricultural lands purchased by father were co‑parcenary properties, and that alienations (Will, gift, sale deeds) were void qua co‑parcenary rights. (Paras 1–2)

[Court Fee – Punjab Court Fees Act, 1870] Court fee governed by Section 7(iv)(c) and Section 7(v); declaratory suits with consequential relief must be valued at plaintiff’s valuation, subject to minimum equal to property value. (Paras 5–6)

[Cancellation vs. Declaration – Distinction]

• Executant of deed must sue for cancellation, paying ad valorem fee on sale consideration.

• Non‑executant may sue for declaration that deed is void or not binding; court fee differs depending on possession. (Paras 6–7)

[Illustration – Executant vs. Non‑executant] If ‘A’ executes sale deed and later sues, he must seek cancellation with ad valorem fee. If ‘B’ (non‑executant co‑parcener) sues, he seeks declaration that deed is not binding; fixed fee if in possession, ad valorem if also seeking possession. (Para 6)

[Trial Court & High Court Error] Both courts wrongly held that plaintiff’s prayer amounted to cancellation, requiring ad valorem fee on sale consideration. (Paras 2–3, 7)

[Supreme Court Holding] Suit was for declaration by non‑executant with consequential relief of joint possession; proper court fee computable under Section 7(iv)(c) read with Section 7(v), not ad valorem on sale consideration. (Paras 7–8)

[Co‑ownership – Nature of Rights] Each co‑owner is entitled to possession and enjoyment of every part of the joint property; exclusive possession by one does not amount to ownership unless accompanied by ouster. (Paras 13–18) [Exclusive Possession – Limits] A co‑owner may occupy or even construct on part of joint property, provided he does not deny equal rights of others; remedy of excluded co‑owner is partition, not ejectment. (Paras 19–21) [Ouster – Stringent Test] Ouster requires clear denial of title and hostile assertion to knowledge of other co‑owners; mere exclusive possession or construction is insufficient. (Paras 22–24) [Construction on Joint Property] Raising a permanent structure without consent of co‑owners changes character of property; courts may order demolition if construction is in defiance of protest or injunction. (Paras 25–27)

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[Co‑ownership – Nature of Rights] Each co‑owner is entitled to possession and enjoyment of every part of the joint property; exclusive possession by one does not amount to ownership unless accompanied by ouster. (Paras 13–18)

[Exclusive Possession – Limits] A co‑owner may occupy or even construct on part of joint property, provided he does not deny equal rights of others; remedy of excluded co‑owner is partition, not ejectment. (Paras 19–21)

[Ouster – Stringent Test] Ouster requires clear denial of title and hostile assertion to knowledge of other co‑owners; mere exclusive possession or construction is insufficient. (Paras 22–24)

[Construction on Joint Property] Raising a permanent structure without consent of co‑owners changes character of property; courts may order demolition if construction is in defiance of protest or injunction. (Paras 25–27)

[Mandatory Injunction – Discretionary Relief] Injunction is not granted as of right; courts weigh equities, considering whether injury is substantial or trivial, and whether defendant acted in defiance of law or court orders. (Paras 26–27)

[Equitable Considerations] Relief of demolition is justified where defendant persisted despite plaintiff’s protest and in violation of temporary injunction; courts will not protect wrongful acts under guise of co‑ownership. (Paras 8–9, 27)

[Partition as Proper Remedy] Where co‑owners disagree on user, remedy lies in suit for partition and settlement of accounts; exclusive possession per se does not justify ejectment. (Paras 19–21)

[Partition Suit – Joint Family Property] Plaintiffs claimed suit lands were acquired by common ancestor Chandoji and remained joint family property; defendants contended lands were self‑acquired by Ramchanderji. (Paras 7–8, 16) [Exclusive Ownership Claim] Defendants asserted Ramchanderji purchased lands under registered sale deeds of 1968, paid entire consideration, and later acquired Balram’s share through sale‑cum‑family settlement deed dated 22.03.1975. (Paras 8, 12, 14) [Adverse Possession Defense] Defendants pleaded continuous exclusive possession since 1975, asserting title perfected by adverse possession; plaintiffs denied ouster and maintained joint possession. (Paras 8.2, 10, 16) [Limitation and Non‑Joinder] Defendants argued suit barred by limitation and bad for non‑joinder of necessary parties (wives and daughters of Balram, Mohanlal, and Chandoji). (Paras 8.3, 10, 14)

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TELANGANA HIGH COURT 

[Partition Suit – Joint Family Property] Plaintiffs claimed suit lands were acquired by common ancestor Chandoji and remained joint family property; defendants contended lands were self‑acquired by Ramchanderji. (Paras 7–8, 16)

[Exclusive Ownership Claim] Defendants asserted Ramchanderji purchased lands under registered sale deeds of 1968, paid entire consideration, and later acquired Balram’s share through sale‑cum‑family settlement deed dated 22.03.1975. (Paras 8, 12, 14)

[Adverse Possession Defense] Defendants pleaded continuous exclusive possession since 1975, asserting title perfected by adverse possession; plaintiffs denied ouster and maintained joint possession. (Paras 8.2, 10, 16)

[Limitation and Non‑Joinder] Defendants argued suit barred by limitation and bad for non‑joinder of necessary parties (wives and daughters of Balram, Mohanlal, and Chandoji). (Paras 8.3, 10, 14)

[Revenue Records and Mutation] Dispute centered on entries in revenue records: defendants relied on mutation in Ramchanderji’s name and succession pattas; plaintiffs challenged cancellation of pattas and alleged fraudulent mutation. (Paras 8.2, 12–13)

[Trial Court Findings]

• In O.S. No. 108 of 2016: plaintiffs failed to prove exclusive title or validity of 1975 sale‑cum‑family settlement; declaration and rectification denied.

• In O.S. No. 44 of 2018: preliminary decree passed holding suit lands were joint family property, plaintiffs entitled to partition into four equal shares. (Para 16)

[Appeals – Appellants’ Contentions] Appellants argued trial court erred by not framing issue on whether Chandoji acquired suit property; contended plaintiffs failed to prove acquisition by ancestor; relied on admissions of PWs and documentary evidence showing exclusive possession of Ramchanderji. (Para 19)

[Burden of Proof] Court emphasized plaintiffs must prove acquisition by ancestor under Sections 101–102 Evidence Act; mere entries in tenant column insufficient to establish title. (Para 19)