BANWARI Vs. MOTI LAL

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the concurrent judgments of the Courts below.

(2.) PLAINTIFF Moti Ram (then minor) through his mother as next friend filed suit for possession of land against his father Sidhu Ram and uncle Banwari. As per the case of the plaintiff he was born out of the wedlock of his mother Ratni and father Sidhu Ram. Sidhu Ram deserted his wife Smt. Ratni ultimately leading her to file an application for her maintenance before Magistrate. Her application was accepted and Sidhu Ram was ordered to make payment of Rs. 150/- as maintenance to Smt. Ratni. Since this amount of maintenance was not paid suit land was put under attachment. One of the conditions of attachment was that the property cannot be transfered away. According to the plaintiff, defendant No. 2 suffered a collusive decree in favour of defendant No. 1 on 26.10.1984. which the plaintiff has challenged on a number of grounds.

(3.) ON the pleadings of parties, the following issues were framed:- (1) Whether the decree dated 26.10.1984 passed by S.J. III C. Karnal is illegal and null and void ? OPP. 2. Whether the plaintiff and defendant No. 2 are members of Joint Hindu Family and the property in suit is joint Hindu Family property ? If so, to what effect ? OPP. 3. Whether the plaintiff is entitled to the possession of the land in suit ? OPD. 4. Whether the suit is not maintainable in the present form ? OPD.