BASANT LAL AND OTHERS Vs. RAMJI DASS

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for permanent injunction was dismissed by the trial Court, but was decreed in appeal.

(2.) Ramji Dass and Data Ram sons of Rikhi Ram filed this suit for the grant of permanent injunction restraining Basant Lal defendant No. 1 from alienating the property in dispute being house No. 1613, Ward No. 8, Safidon Mandi, on the plea that, firstly, the plaintiffs are the full owners of the house and in the alternative they have 1/8th share in the said house and the defendant had no right to alienate the same to any one in any manner. According to the plaintiffs, their father Rikhi Ram purchased the said house though, in the name of Ruldu Ram their great grand father and thus they are the owners of the said property. Hence the suit for the grant of permanent injunction.

(3.) The suit was contested only by Basant Lal. The other defendants are proforma defendants. In his written statement, he submitted that the house in dispute was purchased by his father Ruldu Ram and uncle Jamna Dass from His Highness Maharaja of Jind by means of a registered deed (Kabala), dated 21.9.1940 and the said house fell to his share in a family partition which took place on 30th March, 1949. He denied that the said house was purchased by Rikhi Ram in the name of Ruldu Ram or that the plaintiffs were full owners of they had 1/8th share in the said house.