MUKANDA Vs. KURA RAM

JUDGEMENT

(1.) THIS regular second appeal has been filed by the plaintiff- appellant against the judgment and decree passed by the learned Additional District Judge, whereby the appeal filed by the defendant was allowed, the judgment and decree passed by the trial Court were set aside and the suit of the plaintiff was dismissed.

(2.) THE facts in brief are that Mukanda filed a suit for declaration with consequential relief of permanent injunction against the defendant- respondents. It was alleged that the Civil Court decree dated 14.2.1978, titled as "Kura etc. v. Saudagar", was illegal and void and not binding on the rights of Mukanda, the plaintiff and that Mutation No. 495 dated 26.5.1980, entered into on the basis of the said decree as also liable to be set aside. By way of consequential relief, it was alleged that the defendants be restrained from alienating the property in any manner, whatsoever. It was alleged that Saudagar was the owner of the suit land and that the same was Joint Hindu Family property and co-parcenary property and the plaintiff was a member of the co-parcenary. It was alleged that the suit land was the ancestral property of Saudagar (deceased) qua the plaintiff. It was also alleged that Saudagar (deceased) transferred the suit land during his life time in favour of defendants 1 and 2 namely Kura Ram and Krishan Lal by virtue of the aforesaid decree without giving anything to the plaintiff and his sister Dayalo. It was alleged that Saudagar was not competent to transfer the suit property in favour of defendant No. 1 and 2 as the suit property was the ancestral property and no family settlement had taken place.

(3.) A written statement was also filed by defendant No. 3 Saudagar alleging therein that the suit land was his self-acquired property and he was the absolute owner thereof. He also denied that the suit property was a Joint Hindu Family Property or that the plaintiff was a member of the Joint Hindu Family. Subsequently, defendant No. 3 Saudagar died and his LRs were brought on record.