DILA RAM THAKUR Vs. NARESH KUMAR AND OTHERS

JUDGEMENT

(1.) Looking to the nature of judgment I intend to pass, it is not necessary to set out the facts in detail suffice it to state that the plaintiffs/respondents filed a suit for declaration and injunction challenging the sale made by the appellant/defendant in favour of Jasdev Singh, proforma respondent and also for permanent prohibitory injunction restraining the appellant/defendant from selling, transferring and encumbering the property and claimed for creating charge on the suit property.

(2.) The claim of creating charge on the suit property in lieu of claim for maintenance raised by the respondents No. 1 and 2 was decreed by learned trial Court and the appellant/defendant was restrained from alienating and mortgaging his share in the suit property comprised in Khata Khatauni No. 63/76 to 77, Kite 62, measuring 60-60-15 bighas in Mauza Sheel, Pargna Dhareti, Sub Tehsil Krishna Nagar, Tehsil and District Solan, H.P. and the land comprised in Khata Khatauni No.1/1, Kite 18 measuring 49-8 bighas in Mauza Shiva, Pargna Bhatoli, Tehsil Kasauli, District Solan, H.P. and the sale deed dated 0-1.05.1998 executed by appellant/ defendant in favour of Jasdev Singh was declared null and void.

(3.) On appeal being filed by the appellant, Civil Appeal No. 16-S/13 of 2008 Dila Ram vs. Naresh Kumar and others and crossobjections being filed by Naresh Kumar and Ram Devi, respondents, the same was decided on 6.3.2009 whereby the sale made by defendant/appellant Dila Ram in favour of Jasdev Singh was upheld, however, decree for injunction granted in favour of the plaintiffs/respondents was upheld and cross-objections dismissed.