JAGDISHCHANDRA Vs. MOHANLAL

JUDGEMENT

(1.) THIS is a writ petition under article 227 of Constitution of India preferred by the Defendant No. 8 in the original suit. It is directed against the order dated 4.8.2004 passed by the learned Civil Judge, Class II, Narsinghgarh in Civil Suit No. 79-A/97.

(2.) PLAINTIFFS (respondents 1 to 7 herein) have initially filed a civil suit for permanent injunction to restrain defendants 1 to 7 (respondents 8 to 13 herein), from alienating House No. 87 or part thereof (hereinafter referred to as 'the Suit House') situated in Ward No. 7 in Narsinghgarh. The claim is based on allegations that the suit house is undivided Hindu family property. Defendants 1 to 4, who only represent the coparcenery interest of late Kanhaiyalal without severance of the joint status, are trying to alienate the suit house or a portion thereof. It was also pleaded that plaintiffs never recognized exclusive possession of defendants 1 to 4. Plaintiffs have also pleaded community of interest and unity of possession between the members of the joint family over the suit house. Plaintiffs also claim joint possession and enjoyment over the suit property. After filing of suit, defendants 1 to 4 by registered sale deed dated 11.9.1997 a portion of the suit house to petitioner. Thereafter plaintiffs amended the plaint and also claimed relief of declaration that the sale deed executed by defendant 1 with the consent of defendants No. 2 to 4 and to which plaintiffs and defendants No. 5 to 7 are not party, is null and void qua the plaintiffs' and defendants No. 5 to 7's l/7th share in the joint property and also impleaded petitioner as defendant No. 8 in the civil suit.

(3.) I have heard Shri B.K. Joshi, learned counsel for petitioner and Shri R.C. Chazed, learned counsel for respondents 1-7 at length. Perused the material available on record.