MADAN LAL Vs. BRAHAM DASS

JUDGEMENT

(1.) A challenge has been laid by way of this second appeal to the judgment and decree passed by the learned District judge, Hamirpur dated 1-6-1995 rendered in Civil Appeal No. 117/1989.

(2.) THE brief facts necessary for the adjudication of this second appeal are that the respondent-plaintiff Braham Dass alias brahmu had filed a suit against the appellants-defendant Nos. 1 and 2. i. e. Madan lal and Roshan Lal and the pro forma defendant sh. Haria for possession under section 22 of the Hindu Succession Act, 1956 with respect to the suit land. It was alleged by the plaintiff Braham Dass that he and defendant Haria are the real brothers and they had inherited the suit land from their father Sh, Bhagtu. Sh. Haria sold his entire share of the suit land in favour of Sh. Madan lal and Roshan Lal without notice to the plaintiff and without any legal necessity. The plaintiff impressed upon the defendants to accept the sale consideration but they did not agree to the same. The suit property was alleged to be coparcenary property and joint hindu property inter se Sh. Braham Dass and defendant Sh. Haria. Since the appellants madan La and Roshan Lal refused to re-transfer the suit land in favour of the plaintiff Sh. Braham Dass, the suit was filed. The learned Senior Sub-Judge framed the following issues on 8-12-1987 :

(3.) THE findings recorded by the learned senior Sub-Judge on the aforesaid issues are as under : issue No. 1. No. Issue No. 2. No. Issue No. 3. Yes issue No. 4. Yes, u/s. 22 of the Hindu Succession Act. Issue No. 5. No. Issue No. 6. Not pressed. Issue No. 7. Suit decreed for prayer (A)as per operative portion of the judgment.