PREM CHAND Vs. RAM LAL

JUDGEMENT

(1.) THIS appeal is at the instance of defendants no. 1 to 4 against the judgment and decree of both the Courts below by which suit filed by the plaintiffs for declaration that the judgment and decree dated 13.06.1984 passed in Civil Suit No. 729 of 1984 in their favour by Nand Lal is illegal because the property in dispute is ancestral in nature and could not be alienated without any legal necessity. Defendants no. 1 to 4 denied the nature of the suit property to be ancestral and asserted that they have become owners of the suit property by way of a decree on the basis of a family settlement because defendant no. 1 is also the son of Nand Lal and defendants no. 2 to 6 are the sons and daughter of defendant no. 1.

(2.) ON the pleadings of the parties, the following issues were framed by the learned Trial Court: -

(3.) WHETHER the suit is not maintainable in the present form? OPP.