DALJIT KAUR MANGAT Vs. SURINDER SINGH SANDHU

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India assailing the order dated 5.11.2014 (Annexure P-5) passed by the lower Appellate Court who had set aside the order dated 25.9.2012 (Annexure P-4) passed by the lower Court on the application filed under Order 39, Rule 1 and 2 CPC.

(2.) The factual matrix as pleaded in the amended plaint is detailed below.

(3.) The plaintiffs are the sons of Ajaib Singh-defendant No. 1. Defendants No. 2 and 3 are his daughters. The case of the plaintiffs was that the land measuring 106 kanals 6 marlas was recorded in the name of defendant No. 1 and it was Joint Hindu Family property. It was pleaded that the land was ancestral and coparcenary property as defendant No. 1 had inherited it from his father Kartar Singh and Kartar Singh had inherited it from his father Harnam Singh and the plaintiffs had a right in it by birth being co-parceners and members of the undivided Hindu Joint Family. It was pleaded that defendant No. 1 is addicted to liquor and under the influence of defendants No. 2 and 3, he executed a transfer deed and it was not for legal necessity. It was pleaded that two acres of land was alienated by defendant No. 1 without legal necessity nor it was for betterment of the family. Out of the sale consideration, the defendant had purchased 15 kanals 15 marlas of land on cheap rates which would also become coparcenary property. It was pleaded that all the co-parceners are NRIs. It was pleaded that defendant No. 1 transferred over 31 kanals of land in favour of defendants No. 2 and 3 without any consideration or necessity or for the benefit of the co-parceners and without their consent. It was pleaded that defendant No. 1 was the karta and he was bound to work for the development of the family and the transfer deed and the sale made by him was void, without consideration and nonest. A decree for joint possession and permanent injunction was also prayed.