NACHHATRO DEVI Vs. CHETAN SINGH

JUDGEMENT

(1.) THIS is defendant's appeal and has been directed against the judgment and decree dated 8th February, 1990 passed by the Additional District Judge, Kurukshetra, who set aside the judgement and decree dated 12th January, 1989 passed by the Court of Senior Sub Judge, Kurukshetra, and decreed the suit of the plaintiff-respondent Chetan Singh son of Norata Ram, as prayed for.

(2.) THE brief facts of the case are that Chetan Singh son of Norata Ram was minor at the time of the filing of the suit in the year 1984, but during the pendency of the suit he became major and his case in the trial Court was that he constituted a joint Hindu family with his father Norata Ram and that the said joint Hindu family was the owner in possession of land measuring 122 Kanals 13 Marias situated in village Kurri, Tehsil Thanesar, fully described in para No. 3 of the plaint. Said Norata Ram had since expired. Smt. Nachhattro Devi, defendant No. 1, who is his mother, got one-third share in the aforesaid land and mutation was also effected in her favour. The plaintiff alleges that he being the son was entitled to inherit the property of his father. Defendant No. 1 Smt. Nachhattro was a lady of loose character. She mortgaged one-third share of the aforesaid land measuring 122 Kanals 13 Marias in favour of defendant No. 2 Chuhru Ram, regarding which mutation No. 2209 was also sanctioned. The plaintiff further alleges that defendant No. 1 Smt. Nachhattro after mortgaging the land, wants to sell the same without any authority. With the said al legations, the plaintiff filed a suit for permanent injunction, praying that defendant No. 1 be restrained from alienating the suit land by way of sale, mortgage, lease or in any other manner in favour of defendant No. 2 or any other person and that the defendants be restrained from interfering with the possession of the plaintiff.

(3.) FROM the above pleadings of the parties the learned trial Court framed the following issues: