RAGHUNATH DASS Vs. RANBIR KUMAR AND ORS.

JUDGEMENT

(1.) PLAINTIFF Ranbir Kumar is the son of defendant No. 1 and real brother of remaining defendants. The plaintiff filed a suit claiming himself to be joint owner and in possession, along with other defendants, of the property in suit. It was stated in the plaint that in April, 1973, a family settlement had taken place in which, the property in suit was kept joint. He further claimed that defendants have no right to sell the property till the same is partitioned. He therefore, sought a decree for partition of suit land, and for exclusive possession of 1/6th share in the same as well as for consequential relief of permanent injunction restraining the defendants from alienating the property. Alongwith the suit, he also filed an application for ad -interim injunction.

(2.) THE suit as well as the application was contested by defendant No. 1, i.e. father of the plaintiff who denied that the property is joint Hindu family property, rather he stated that the property was purchased by him vide sale deed dated 27th July, 1960 in his individual capacity and not as Karta of the joint family.

(3.) THE learned trial Court vide order dated 20th July, 1989 dismissed the application, referred to above, finding no prima -facie case in, favour of the plaintiff. However, on appeal, the Additional District Judge vide order dated 21st December, 1990, restrained the defendants from alienating 1/6th share of the property in suit, till the same was partitioned. Defendant No. 1 being aggrieved of the order of Additional District Judge dated 21st December, 1990, has come to this Court by way of present revision petition.