NATHU RAM Vs. BHANDARI

JUDGEMENT

(1.) The present appeal has been filed under Section 100 of the Code of Civil Procedure.

(2.) Plaintiff Devi Ram filed a suit for declaration to the effect that defendants No.1 to 11 have no right or interest in the suit land. Pursuant to the decree passed by the Civil Court in File No. 54, on 27.11.1954 he obtained possession of the suit land as he alone had got the mortgage redeemed by paying Rs.90/- being amount of debt. Defendants did not pay their share of the mortgage debt at the relevant time. Thus they have no right, title or interest in the suit land. Consequential relief of permanent prohibitory injunction was also prayed for.

(3.) For the purposes of deciding the present appeal it be noticed that now the contest is primarily between the plaintiff and his real brothers Sh. Bhandari (defendant No.1) and Sh. Bhagat Ram (defendant No.2). The suit was contested by all the defendants. Defendants No.1 & 2 took a common stand that the plaintiff who was the Karta of the joint Hindu family was managing the affairs of the family. In the suit for redemption, as minors they were also sued through the plaintiff. The debt was paid out of the joint family funds and not by the plaintiff out of his personal earnings. They however admitted that defendants No. 3 to 11 had no interest as they had not contributed anything towards repayment of the debt.