If the defendant is in possession as co-owner, then, legally his possession as co-owner would be deemed to be the possession of all the co-sharers -- A co-owner has an interest in the whole property and also in every part of it -- Possession of property by one co-owner is in the eye of law, possession of all the joint owners even if one co-owner is in joint possession of the same -- Mere occupation of larger portion or even of entire joint property by one co-owner does not necessarily amount to ouster as possession of one co-sharer would be deemed to be on behalf of all the co-sharers -- Passage of time does not extinguish the right of the owner, who is out of possession of the joint property except in the event of complete ouster or abandonment. Lt. Col. Hargobind Singh (Retd.) v. Mr.Hargursharan Singh, 2011(2) L.A.R. 433 (P&H).
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