#co-owner possession

J&K High Court rules that a plaint alleging private partition and 40 years of adverse possession raises triable factual disputes, barring summary dismissal under Order VII Rule 11 CPC. The decision reinforces that co-ownership claims cannot be preemptively rejected without evidence evaluation, impacting property dispute litigation strategy.

The Punjab & Haryana High Court ruled that inheritance confers immediate ownership rights, and a suit for possession is not barred by limitation unless ouster is proven. The court emphasized that co-owners retain their rights unless active exclusion is established, reinforcing the burden of proof on adverse possession claimants.