SATISH KUMAR Vs. BALDEV SINGH

JUDGEMENT

(1.) This appeal is against the concurrent findings of the courts below. In order to avoid confusion, parties shall be referred as per their status before the trial court.

(2.) Plaintiff No. 1 - Baldev Singh (respondent No. 1 herein - since deceased and so, represented by his LRs) is the son of initially impleaded sole defendant Harkesh, Plaintiffs No. 2 & 3 i.e. Ashok Kumar and Netrar Pal (respondent No. 2 & 3 herein) are the sons of Baldev Singh i.e. grandsons of the said defendant-Harkesh. Present appellants are pendente lite vendee of the suit property from defendant Harkesh, They were substituted as such in place of defendant before first appellate court.

(3.) As per plaintiffs, parties formed a joint Hindu family, of which the defendant was the Karta. Land measuring 61 kanal 16 marla [2/3 share of the total (and] situated in Village Daula, Tehsil and District Gurgaon, detailed in para No. 1 of the plaint, is the ancestral property of plaintiffs; whereas, defendant is recorded as owner to the extent of 1/3 share i.e. 31 kanal 6 marla ['suit land'] in the total land as Karta of the family and so, the same is inalienable.. Plaintiffs alleged that defendant wanted to sell his share without any notice, knowledge or consent of the plaintiffs and without any legal necessary or consideration. Defendant also started interfering in the possession of the plaintiffs over the suit land. With these averments, suit [civil suit No. 950 of 1983] was brought by the plaintiffs on 28/11/1983 seeking a decree of permanent injunction to restrain the defendant from interfering in their possession over the suit land and also from alienating the land to the extent of 1/3rd share in any manner, whatsoever.