BHAGWAN SAHAI Vs. BIRMA DEVI

JUDGEMENT

(1.) This is an appeal filed by the defendant in the suit challenging the concurrent judgment and decrees passed by the Courts below; whereby the injunction was passed against the appellant.

(2.) For the convenience, the parties herein would be referred to as the plaintiff and the defendant, as they were described in the original suit.

(3.) Brief facts of this case are that the plaintiff had filed a suit claiming that Ram Sarup, the father of the plaintiff and the defendant and husband of Smt. Nathia Devi; was owner in possession of the suit properties; described in para No. 2 and 3 of the plaint. Ram Sarup died on 15.06.1976 and the properties were inherited by Smt. Nathia Devi, the plaintiff and the defendant; in equal shares each taking 1/3rd share. Later on Smt. Nathia Devi executed a Will dated 01.07.1978 in favour of the plaintiff. Smt. Nathia Devi died on 15.06.1982. Hence the share of Smt. Nathia Devi also came to plaintiff. The plaintiff became owner in possession of the suit property to the extent of 2/3 rd share. It was further pleaded that the suit properties were still joint. However, the defendant is bent upon alienating the suit property to the strangers without any lawful rights. Hence an injunction was sought that the defendant be restraint from alienating the land to the extent of 2/3rd share or in alternate a decree for partition be passed.