KUBJA DEVI Vs. CHHAPE RAM

JUDGEMENT

(1.) Application moved under Order 39, Rules 1 and 2 of the Code of Civil Procedure (CPC) for restraining the defendant from alienating, transferring and for creating charge over the suit land, has been dismissed by the learned trial Court. The order has been upheld by the learned Appellate Court. Being aggrieved, petitioner-plaintiff has moved this petition under Article 227 of the Constitution of India.

(2.) Facts.

(3.) Learned trial Court after noticing that as per plaintiff, the suit land was ancestral, relied upon titled Sunil Kumar and another Versus Ram Prakash and others, 1988 2 SCC 77 wherein it was held that a coparcener has no right to get an injunction against Karta. Relying upon this judgment, it was held that in the instant case, defendant was Karta, therefore, he has legal right to alienate ancestral property in case of legal necessity. Plaintiff has no right to pray for injunction restraining the defendant from alienating the suit land. It was observed that plaintiff has remedy of challenging alienation of coparcenery property by Karta on the ground that alienation was not for legal necessity. The order passed by learned trial Court dismissing plaintiff's application, was affirmed in appeal by the learned First Appellate Court.