ROSHAN LAL Vs. RESHAM LAL

JUDGEMENT

(1.) THE plaintiffs having concurrently remained unsuccessful before the Courts below, have approached this Court, through the present Regular Second Appeal.

(2.) THE plaintiffs filed a suit for declaration to the effect that they alongwith defendants are the joint owners in possession as coparceners of the suit property comprising of two shops and one house, as detailed in the plaint, and that, the decree dated July 30, 1976 obtained by Resham Lal, defendant No. 2 against his father Karam Chand, defendant No. 1 and grandfather Harditta Mal is null and void, ineffective and not operative qua the rights of the plaintiffs.

(3.) THE suit was contested by defendant No. 2. It was claimed that the plaintiffs have no right or locus standi to challenge the validity of the decree dated July 30, 1976 during the life time of their father Karam Chand, defendant No. 1. It was also claimed that the property in dispute was in exclusive possession of the defendants as owners and since the plaintiffs were not in possession of the suit property, therefore, the suit filed by them for declaration simplicitor was not maintainable. On merits, it was claimed that the suit property was not the co-parcenary property of the parties, nor Harditta Mal was having the same as co-parcenary or joint Hindu Family property. The said property was purchased by Harditta Mal from Ajmer Singh etc. The factum of any partition of any Joint Hindu Family property was specifically denied by defendant No. 2.