DARSHAN SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree dated 19th December, 1978, passed by the Additional District Judge, Hissar, whereby appeal preferred by the a defendant was accepted and suit of the plaintiff dismissed.

(2.) Briefly put, the plaintiff filed suit for perpetual injunction against defendant No. 1 his father, restraining him from alienating the suit land since the same was ancestral property qua the plaintiff. The basis of the suit was that land detailed in the heading of the plaint was inherited by defendant No. 1 on the death of his father and, thus, was ancestral property qua the plaintiff. The plaintiff further averred the defendant No. 1 is addicted to bad habits and indugles in taking liquor, eating opium and gambling and is bend upon alienating the suit land so that he is in a position to spend the amount on his bad habits. It is further stated by the plaintiff that parties are Jat Sikhs and are governed by the Punjab Customary law in the matter of alienation whereby no owner can transfer his ancestral land except for legal necessity.

(3.) The defendant put in appearance and controverted the averments made in the plaint. It was averred that suit is against law and facts and is not maintainable.