The Supreme Court stated that the co-owner alone was not competent to execute a sale of the property without its partition. the Court held, “The suit property which is undivided is left with the co-owners to proceed in accordance with law to get their shares determined and demarcated before making a transfer.” A Bench of Justice Sudhanshu Dhulia and Justice Pankaj Mithal observed, “The point for determination formulated is accordingly answered and it is held that Brij Mohan alone was not competent to transfer the property without getting his share determined and demarcated so as to bind the other co-owners. Accordingly, the defendant-appellant S.K. Golam Lalchand has rightly been restrained by the decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless the partition takes place.” The Trial Court had dismissed the suit of the respondent recording that the suit property was never partitioned as the appellant had not produced any cogent material on record to prove the partition meaning thereby the property continued to be a joint property.