Co-owned property recovery is limited to the defaulting co-owner's share; the non-liable spouse's interest remains protected.

Recovery proceedings against co-owned property may be enforced only to the extent of the defaulting co-owner's transferable share. Where the property is jointly held by spouses and the document does not specify separate shares, the shares are treated as equal. On that basis, proceedings may continue against the husband's interest for his liability, but the non-liable wife's share remains protected and cannot be attached or proceeded against absent her liability. The objection that partition was a precondition to recovery was not accepted, so the enforcing party's right was preserved only against the defaulter's share.

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Issues: Whether recovery proceedings could be enforced against the co-owned property of the petitioner for the liability of her husband, and to what extent the petitioner's share was protected.

Analysis: The property was held in co-ownership by the petitioner and her husband. Under the Transfer of Property Act, 1882, a co-owner is entitled to deal with his or her share, and proceedings may be initiated against the share of the defaulting co-owner. Where the document does not specify separate shares, the shares are taken to be equal. On that basis, the petitioner's objection that the property could not be proceeded against without partition was not accepted.

Conclusion: The respondents were permitted to proceed against the husband's share in the co-owned property, but not against the petitioner's share if she had no liability in relation to the proceedings.

Final Conclusion: The petition was disposed of with protection of the petitioner's co-ownership share while preserving the respondents' right to recover only from the defaulting husband's interest.

Ratio Decidendi: In co-owned property, recovery can be enforced only against the defaulter's transferable share, and the non-liable co-owner's share cannot be attached or proceeded against.

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