Property Law

Co-owner

— Sale of co-owned property — Inference of collusive sale by one co-owner — When warranted — One co-owner (R-2) entering into sale agreement on behalf of both co-owners having half-share each in property — Appellant purchaser obtaining possession of suit property consequent to sale agreement entered into by R-2 on behalf of himself and his wife, R-1 — Appellant sometime later on apprehending threat to his possession, filing suit to restrain R-1 and R-2 from interfering therewith — Trial court at first refusing interim relief, but later, on R-2 husband indicating that he had no objection thereto, trial court granting the same — In appeal thereagainst by R-1 wife, High Court by impugned order, concluding that sale agreement was collusive between appellant and R-2 husband, appointing Receiver and handing over possession of suit property to R-1 — Sustainability — Balancing equities, held, it would be proper to direct trial court to dispose of suit at an early date, latest by December 2006 — High Court has lost sight of fact that R-2 husband was half-owner of the property — Interim order passed by Supreme Court, continued, (2006) 6 SCC 566