Mere continuance in the possession of a co -owner does not suffice to set up a plea of ouster

Partition - Ouster - The possession of a co -owner however long it may be, hardly by itself, will constitute ouster. In the case of a co -owner, it is presumed that he possesses the property on behalf of the entire body of co -owners. Even non -participation of rent and profits by itself need not amount to ouster. The proof of the ingredients of adverse possession are undoubtedly indispensable even in a plea of ouster. However, there is the additional requirement in the case of ouster that the elements of adverse possession must be shown to have been made known to the co -owner. This is apparently for the reason that the possession of a co -owner is treated as possession of other co -owners. While it may be true that it may not be necessary to actually drive out the co -owner from the property - Mere continuance in the possession of a co -owner does not suffice to set up a plea of ouster. The possession of the co -owner will also be referable to lawful title. (Para 24) 

B.R. Patil v. Tulsa Y. Sawkar, 2022 LiveLaw (SC) 165 : 2022 (4) SCALE 122