LAWS(P&H)-2020-12-117

MEERA JINDAL Vs. NAVEEN JINDAL

Decided On December 23, 2020
Meera Jindal Appellant
V/S
NAVEEN JINDAL Respondents

JUDGEMENT

(1.) The present appeal is directed against the judgments of the Courts below at Hisar District dated 11.04.2016 and 28.02.2020 whereby the suit for declaration dated 31.08.2010, with consequential relief of injunction, filed by the plaintiff-appellant, had been dismissed by both the Courts.

(2.) Counsel for the appellant has vehemently contended that the Lower Appellate Court has wrongly come to the conclusion that respondents No.8 to 12 were bona fide purchasers as possession had not been handed over initially to respondent No.6, Rajat Ghai, who had purchased share in the property to the extent of l/4th, vide first sale deed dated 17.12.2009 (Ex.R-3). Secondly, it is argued that family arrangements are liable to be upheld and therefore, the findings by the Courts below that a family arrangement between the parties was bogus, was not justified.

(3.) Counsel for the respondents No.8 to 12, the purchasers has submitted that the plea was that the property was purchased from a joint family account but neither any such accounts were produced nor any bank statements were produced to prove the said facts. Similarly, apart from the plaintiff, no other family member had appeared in support of the case of the appellant and thus, submitted that once the plaintiff could not stand on her own legs, the Courts below were justified in coming to the conclusion that it was a bogus family settlement and was rightly ignored.