SUDESH KUMARI Vs. JEETO

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 09.11.2012 passed by the learned Additional District Judge, Fast Track Court, Una, District Una, in Civil Appeal No. 42/2009 whereby he affirmed the judgment and decree dated 26.06.2009 passed by the learned Civil Judge (Junior Division), Barsar, Camp at Una, in Civil Suit No. 215/1993, RBT No. 2/2007, dismissing the suit of the appellants-plaintiffs (hereinafter referred to as the plaintiffs).

(2.) "Key facts" leading to the filing of the appeal may be noticed thus.

(3.) The plaintiffs had filed a suit for declaration with consequential relief of permanent prohibitory injunctions qua the land comprised in Khewat No. 26 min, Khatauni Nos. 50 and 51, Khasra No. 518/2 and 519, land measuring 0-03-84 hectares, situate in Tika Chhatarpur, Tehsil and District, Una (hereinafter referred to as the suit land). It was averred that plaintiff No. 1 is the wife of defendant No. 2 Prem Dutt Sharma (now deceased), whereas, plaintiffs No. 2 to 4 are his minor sons and daughter constituting a Joint Hindu Family governed by the Hindu Laws and custom prevalent in the Brahmin community in the area. It was also averred that the defendant No. 2 was an idle person and was not contributing anything towards the liabilities of the family. He was an addict to alcohol and the suit land and the entire other property was owned by the defendant No. 2 which is ancestral property as the same has been inherited from common ancestors by succession and as such the property of defendant No. 2 is coparcenary ancestral property and the defendant No. 2 was not in exclusive possession over the property and he was, therefore, not competent to transfer any part of the ancestral property without the consent of other co-parceners.