HARDIAL SINGH Vs. NAHAR SINGH (DECEASED) THROUGH LRS.

JUDGEMENT

(1.) - This regular second appeal by the defendant/appellant is directed against the judgment and decree dated 13.3.1990 passed by the learned courts below in a suit for declaration filed by the plaintiff/respondent. Nahar Singh, plaintiff/respondent filed a suit for declaration, to challenge the judgment and decree dated 16.12.198 passed in Civil Suit No. 92 of 9.8.198 titled Hadial Singh Vs. Inder Singh , vide which Inder Singh son of Pali alias Nika Singh transferred 2 Bighas 9 biswas and 12 Biswasis of suit land in favour of Hardial Singh appellant. The decree was said to be unlawful, and having no effect on the rights of the plaintiff son of Pali, on the plea that the suit land was joint Hindu coparcenary property.

(2.) Consequential relief of permanent injunction was prayed, restraining the appellant from alienating the suit land, in any, manner.

(3.) Plaintiff/respondent claiming himself to be the brother of Inder Singh, claimed the suit land to be joint Hindu coparcenary property of plaintiff and defendant No.2.