CHANDRAKANTA Vs. ASHOK KUMAR

JUDGEMENT

(1.) This revision is filed by the defendants against whom an injunction order is passed by both the courts below.

(2.) The facts giving rise to this revision are as under: - Respondents No.l and 2 filed a suit for declaration and parmanent injunction against the petitioners and respondents No.3 and 4, regarding agricultural land bearing survey No.66 and 94, situated at village Badokhar, district Morana. The said property was purchased in the name of Madangopal by regis-. tered sale deed dated 21.7.1944. Petitioner No.2 and respondent No.3 are sons of Madangopal, while respondents JSo. 1 and 2 are grandsons of Madangopal. They are claiming their right to the suit property through their father/respondent No.3.

(3.) The suit is filed on the allegation that father of Madangopal, Thakurdas had retired from Calcutta Jute Mill and had received some retiral benefits at the time of his retirement. The suit property was purchased from the said amount and is thus purchased from the joint family funds. Both the Courts below prima facie found that this property was purchased out of funds received by Thakurdas, who has retired from Calcutta Jute Mill and, therefore, respondents No. 1, 2 and 3 have interest in the suit property.